DEC  181911 

GIFT 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 


GIFT    OF 


Class 


V 


THF. 


SCHOOL  LAW  OF  INDIANA 


With  Annotations, 


STATE  CONSTITUTION 


ISSUED   BY 

CHARLES.   A.    GREATHOLSE, 

State  Superintendent  of  Public  Instruction. 


INDEXED   BY 

ETHEL   CLELAND. 


INDIANAPOLIS: 
1911 


COUNTY  SUPERINTENDENTS  OF  INDI 


ELECTED  JUNE  5,  1911,  FOR  FOUR  YEARS. 


COUNTY. 

NAME. 

ADDRESS. 

Adams  

*L.  E.  Opliger  

Decatur. 

Allen 

*Henrv  G.  Felger  

Fort  Wayne. 

Bartholomew  

.  .    .  "Charles  E.  Talkington 

Columbus. 

Benton  

....  "Charles  H.  Dodson  

Fowler. 

Blackford  

.  .  .  *M.  Clifford  Townsend  .  . 

Hartford  City. 

Boone  

.      .    Edgar  M.  Servios  

Lebanon. 

Brown  

.  .  .  .   Sylvester  Barnes  

Nashville. 

Carroll  

.  .  .  .  "Philip  B.  Hemmig  

Delphi. 

Cass 

V    L   Frantz 

Logansport. 

Clark  

"Samuel  L.  Scott  

Jeffersonville. 

Clay  

.  .    .  "Willis  E.  Akre.  .  ..-  

Brazil. 

Clinton  

Marion  W   Salmon 

Frankfort. 

Cra\vf  ord 

.  "Stuart  A.  Beals  

English. 

Daviess 

.*Alva  O.  Fulkerson  

Washington. 

Dearborn 

"George  C  Cole 

Lawrenceburg. 

Decatur  

.  .  .  .  "Edgar  Mendenhall  

Greensburg. 

Dekalb  

...'..    Lida  Leasure  

Auburn. 

Delaware  

Ernest  J.  Black  

Muncie. 

Dubois  

...  "William  Melchior  

Jasper. 

Elkhart  

.  .  .  .  "A.  E.  Weaver  

Goshen. 

Fayette  

.  .  .  .  "Claude  L.  Trusler  

Connersville. 

Floyd 

Glenn  V  Scott 

\^ew  Albanv 

Fountain  

....  "Manford  F.  Livengood  . 

Covington. 

Franklin  

*T.  J.  McCarty  

Brookville. 

Fulton  

.   Henry  L.  Becker  

Rochester. 

Gibson  

Wilbur  F.  Fisher  

Princeton. 

Grant  

Charles  H.  Terrell 

Marion. 

Greene  

Daniel  C.  Mclntosh  

Bloomfield. 

Hamilton  

....  "John  F.  Haines  

Noblesville. 

Hancock  

....   George  J.  Richman  

Greenfield. 

Harrison 

....  Arville  O.  Deweese  

.  .    Corydon. 

Hendricks  

.  .  .  Theo.  T.  Martin  

Danville. 

Henry  

"Harry  B.  Roberts  

New  Castle. 

Howard  

.  .  .  .*  Albert  F.  Hutson  

Kokomo. 

Huntington  

....   Clifford  Funderburg  

Huntington, 

Jackson  

.     "Jeremiah  E.  Payne  

Brownsto\vn. 

Jasper  

....  "Ernest  Lamson  

Rensselaer. 

Jay  

.    .    "William  R.  Armstrong.  . 

Portland. 

Jefferson  

.    .     Joseph  H.  Hanna  

Madison. 

Jennings  

...-".   Leland  E.  Shuck  

Vernon. 

Johnson  

.    .   "Jesse  C.  Webb  

Franklin. 

Knox  

.    "Edgar  N.  Haskins 

Vincennes. 

Kosc-iusko  

.    .  ."Edson  B.  Surber  

Warsaw. 

Lagrange  

....   Frederick  G.  Smeltzly 

Lagrange. 

Lake.. 

.  ."Frank  F.  Heighwav.  . 

.   Crown  Point. 

225967 


I  AW    OF    INDIANA. 


COUNTY. 

NAME. 

Laporte  

*Fred  R.  Farnam  

Lawrence 

.  Lawrence  B.  Sander?  

VT  Q  f\  i  Q  /-vn 

*James  W   Frazier 

iYla/vlloUIl  

Marion  

.  .*LeeE.  Swails  

Marshall  

Louis  E.  Steinebach  ..... 

Martin  

Charles  O.  Williams  

A/fl  QTYll 

*E  B  Wetherow 

.\  1  1  *  1  1  1  1  1   

A/Trvnvnp 

*William  H  Jones 

iVlOJllUt/  

Montgomery  .  . 

.  ...*OtisE.  Hall  

Morgan  

*William  D.  Curtis  

Newton  

*William  O.  Schanlaub  

Noble  

*William  A.  Beane  

Ohio  

*Charles  H.  French  

Orange  

"Claude  E.  Cogswell  

Owen  

*W.H.  Stone  

Parko  

*Homer  J.  Skeeters  

Perry  

*Lee  B.  Mullen  

Pike  

Andrew  Jewell  

Porter  

*FredH.  Cole  

Posey  

*William  0.  Wilson  

Pulaski  

*Homer  L.  Rogers  

Putnam  

L.  G.  Wright 

Randolph  

Lee  L.  Driver  

Ripley  

Chas.  R.  Hertenstein  

Rush 

*Chester  M.  George  

Scott  

WilliamS.  Griffin  

Shelby  

*William  Everson  

Spencer  

Joseph  W.  Strassell  

Starke  

Carroll  W.  Cannon  

St.  Joseph  

*Ralph  Longfield  

Steuben  

H.Lyle  Shank  

Sullivan.  

*Richard  Park 

Switzerland  

Oliver  M.  Given  

Tippecanoe  

*Brainard  Hooker  

Tipton  

*Larkin  D.  Summers  

Union  

Chas.  C.  Abernathy  

Vanderburgh 

*Floyd  C.  Ragland  

Vermillion  

*John  B.  Butler  

Vigo  

James  W.  Propst  

Wabash  

....  *Robert  K.  Derricks  

Warren  

*Harry  Evans  

Warrick  

*  Andrew  J.  Hopkins  

Washington  

.*Orra  Hopper  

Wayne  

.  .  "Charles  O.  Williams  

Wells  

"Arthur  R.  Huyetle 

White  

.    "Henry  J.  Reid  

Whitley  

.*AIyin  R.  Fleck 

*Re-elected. 

ADDRESS. 

.   Laporte. 

.  Bedford. 

.   Anderson. 

.  Indianapolis. 

.   Plymouth. 

.  Shoals. 

.  Peru. 

.  Bloomington. 

.  Crawfordsville. 

Martinsville. 
.   Kentland. 
.   Albion. 
.   Rising  Sun. 
.   Paoli. 
.  Spencer. 
.   Rockville. 
.   Cannelton. 
.   Petersburg. 
.  Valparaiso. 
Mt.  Vernon. 

Winamac. 
.   Greencastle. 
.   Winchester. 
.  Versailles. 

Rushville. 

Scottsburg. 

Shelbyville. 

Rockport. 

Knox. 

South  Bend. 

Angola. 

Sullivan. 

Vevay. 

Lafayette. 

Tipton . 

Liberty. 

Evansville. 

Newport. 

Terre  Haute. 

Wabash. 

Williamsport. 

Boonvillo. 

Salem. 

Richmond. 

Bluffton. 

Monticello. 

( 'olumbia  (Mtv. 


TABLE  OF  CONTENTS. 


PAGE. 

List  of  County  Superintendents 3 

CHAPTER  I. 

CONSTITUTIONAL,    PROVISIONS. 

8BC. 

1.  Common  schools 26 

2.  Common  School  Funds 26 

3.  Principal,  a  perpetual,  fund 26 

4.  Investment  and  distribution 27 

5.  Reinvestment 27 

6.  Counties — Liability 27 

7.  Trust  funds  inviolate : 27 

S.     Superintendent  of  Public  Instruction 27 

CHAPTER  II. 

St'l'KRINTKNDKNT    OF    PUBLIC    INSTRUCTION. 

!).     Superintendent 28 

10.  Commencement  of  term — Oath 28 

11.  Duties— Office— Clerks 28 

12.  Report  to  Governor 29 

13.  Report  to  General  Assembly   29 

14.  Duties 30 

15.  Traveling  expenses 31 

It).     Supervision  of  school  funds 31 

17.     May  require  reports .  31 

IS.     Blanks  and  forms ' 32 

19.  Forms  of  bookkeeping 32 

20.  Shall  publish  School  Law 32 

21.  Journals,  etc.,  to  Libraries 32 

22.  Certificates  from  other  States. .  .'. 32 

23.  Items  for  Success  ( Irades 33 

CHAPTER  III. 

HTATK    1!O  A  HI)    OF    EDUCATION, 

24.  State  Board  of  Education 34 

2").      I  )ut  ies  and  powers 3"> 

20.     State  certificates '. 30 

27.      Licenses  and  examinations 37 

25.  Pay  and  mileage  of  Board 44 

\5) 


fi  SCHOOL    LAW    OF    INDIANA- 

CHAPTER  IV. 

COUNTY   SUPERINTENDENT. 

SEC.  PAGE; 

29.  County  Superintendent 

30.  Impeachment 

31.  Eligibility..'. 

32.  Salary 

33.  Traveling  expenses 

34.  Assistant 

35.  General  duties 

36.  Cities  exempt  from  superintendence 

37.  Examinations  for  graduation 

38.  Shall  examine  teachers 54 

39.  Record  book— Report  to  State  Superintendent 

40.  May  revoke  licenses 58 

41.  Office  supplies 

42.  Traffic  in  examination  questions •">•* 

43.  State  license 59 

44.  Record  of  examinations 62 

45.  Items  for  success  grades 62 

46.  Superintendents  furnish  statements 63 

47.  Issuance  and  record  of  statement 63 

48.  Appeal  from  statement 

49.  When  must  enumerate 64 

50.  Annual  reports 64 

51.  Apportionment — Report 66 

52.  Duty  as  to  school  fund 66 

53.  Duty  as  to  interest  and  loss,  school  fund 67 

54.  Appeals  from  township  trustees 67 

55.  Appeals  from  county  superintendent 68 

56.  Interest  in  private  normal  school (59 

57.  Penalty... 69 

58.  Duty  of  prosecuting  attorney 69 

CHAPTER  V. 

TRUSTEES   OF   TOWNSHIPS    AND    SCHOOL  TRUSTEES    OF   TOWNS   AND    CITII.S. 

59.  School  townships T 

60.  Oaths 

61.  Women  eligible  to  school  offices 

62.  Bond  for  women  officers 

63.  Township  trustee — Election 

64.  Manner  of  election 

65.  Ballots,  and  ballot  boxes 

66.  Trustees'  term 

67.  Trustees — Election — Terms — Duties 

68.  Cities  excepted 

69.  Trustees — Bond — Vacancy 

70.  General  duties 

71.  Duration  of  school  term . . 


CONTENTS.  / 
SEC.                                                                                                                                                                    PAGE. 

72.  Janitors — Care  and  management  of  school  property 77 

73.  Towns  and  cities,  corporations  for  school  purposes 78 

74.  Record — Duty  as  to  revenue 78 

75.  Surplus  special  revenue 79 

76.  Superintendent  in  cities  and  towns 79 

77.  Trustees'  reports 79 

78.  Failure  to  report 80 

79.  Neglecting  duties 81 

80.  Failure  to  serve 81 

5 1 .  Trustees'  accounts 81 

52.  Examination  of  trustee  and  his  books 81 

53.  Correction  of  accounts — Removal 82 

84.  Trustees  to  take  enumeration — Who  enumerated 82 

85.  Enumeration — When  filed — Retaking 84 

86.  Township  in  two  or  more  counties — Report 85 

87.  County  board  of  education 85 

88.  Emergency  school  township  debts  legalized 86 

89.  School  township  debts  legalized 88 

90.  School  bond  sales  legalized 89 

91.  Funding  bonds — Sales  legalized 89 

92.  Pending  litigation 90 

93.  School  bonds— Issue,  legalized *. 90 

94.  Pending  litigation 90 

!)">.  Township  debts  certificate  legalized 90 

96.  Advisory  board — Provisions  for  payment 91 

97.  Payment— Notice 91 

'.is.  Act  remedial 92 

99.  Schools — Sale  of  property 92 

100.  Sales  legalized 93 

CHAPTER  VI. 

TEACHERS. 

101 .  Employment  and  dismissal 94 

102.  Examined  concerning  alcohol  and  narcotics 98 

103.  Failure  to  teach — Dismissal 99 

104.  Terms  for  which  teachers  may  be  employed 99 

105.  Contracts  to  be  in  writing 99 

106.  Blanks  to  be  uniform 99 

107.  Reports 100 

108.  Minimum  wages 100 

109.  Qualifications 100 

1 10.  Payment  at  less  rate — Penalty 102 

111.  State  Board  of  Education— Duties 102 

1 12.  Special  examinations 102 

1 13.  Insulting  teacher 103 

114.  Examinations  in  special  branches 103 

115.  Exemptions — Three  year  license — Rule 104 

1 16.  Previous  exemptions  in  force 105 

117.  Attendance  at  institutes — Pay : 105 


SCHOOL    LAW    OF    INDIANA- 

CHAPTER  VI  1. 

AND    SCII()':i-    H<>(  SKS. 


SEC. 

118.  Bible  ......... 

119.  Uniformity  as  to  time  —Numbering  ..... 
119i  Continuation  of  High  Schools  ...... 

120.  Calendar  .....  ........................ 

121.  Colored  children  .......................... 

122.  Appropriations  for  indigent  children  ............ 

123.  Branches  taught  ........................ 

124.  Effect  of  alcoholic  drinks  and  narcotics. 

125.  Voters'  meeting  —  School  directors  ............. 

126.  Voters  at  school  meetings  ................  .  ..... 

127.  Other  meetings  —  Powers  ...................... 

128.  Estimate  of  expense  ............................ 

129.  Director's  duties  ............................... 

130.  Charge  of  school  houses  ....................... 

131.  Visits  schools  —  May  exclude  pupils  .............. 

132.  Appeal  to  trustee  .............................. 

133.  Common  schools  defined  —  High  schools  ......... 

134.  High  school  studies  ........................... 

135.  Kindergarten  ....................... 

136.  Free  kindergarten  tax  ..........  ................ 

137.  How  collected  and  disbursed  ................... 

138.  Medical  inspection  of  children  .................. 

139.  Medical  inspection  defined  ..................... 

140.  School  physician  —  Compensation  —  Appointment. 

141.  Physician's  duties  .............................. 

142.  Rules  for  enforcement  .................  .  ........ 

143.  Penalty  ....................................... 

144.  United  States  flag  ............................. 

145.  Display  of  flag  ................................. 

145J.  Star  Spangled  Banner  .......................... 

146.  Destruction  or  mutilation  ...................... 

147.  Penalty  ....................................... 

148.  Secret  societies  unlawful  ....................... 

149.  Night  school  .................................. 

150.  Who  may  attend  ............................... 

CHAPTER  VIII. 

SCHOOL   PROPERTY. 

151.  Title  to  school  property  ........................ 

152.  Use  of  school  house  for  private  school  ........... 

153.  Use  of  school  house  for  other  purposes 

154.  School  house,  when  sold 

155.  Sale  of  school  property  by  township  trustees 

156.  Changing  site  of  school  house.  .  .  ................ 

157.  Notice  of  petition  to  change  .................... 

158.  Penalty  ....................................... 


CONTENTS. 


-SKC.  PA  (IK. 

159.  School  house  in  annexed  territory 123 

160.  Pay  for  school  house  in  annexed  territory _123 

Mil.  Donations  and  bequests 124 

162.  Petition  of  majority  of  voters 125 

163.  Sale  of  bonds 125 

164.  Donations  made  to  school  corporations 126 

165.  Conditional  gift 126 

166.  Income  from  gifts 126 

167.  Trustees  for  gift  -  Powers 127 

168.  Identity  to  gift  not  to  he  lost 128 

169.  Donations  for  county  high  schools 128 

170.  Trustees  of  county  high  schools 128 

171.  Duties  of  trustee--.                                       129 

172.  Purchase  of  real  estate     Petition 130 

173.  Appraisement 130 

174.  Duty  of  appraisers — Payment — -Title — Trial 130 

175.  Tender  before  appraisement  -Costs 131 

176.  School  property  liable  for  public  improvement 132 

177.  Former  payments  legalized— Lien 132 

178.  Special  school  fund 133 

179.  Doors  must  swing  outward 133 

180.  Sanitary  buildings 134 

181.  Temperature — Uncleanliness — Teachers — Penalties 136 

182.  Hygiene  and  sanitary  science — Printed  data 138 

183.  School  officers— Powers 138 

184.  Penalty  as  to  officers 139 

185.  Buildings  in  towns — Use  by  township m 139 

186.  Buildings — Fire     Means  of  escape 139 

187.  Fire  escapes 140 

188.  Plan  of  escape     Approved 141 

189.  Penalties   .  142 
UK).  Inspectors— Duties— Penalty 142 

191.  Township  trustee — Duties 143 

CHAPTER  IX. 

JOINT    SCHOOLS. 

192.  Joint  school  district  -    Petition 144 

HK-5.  Expense  of  establishing     Control  of  school ....  145 

194.  Expense  of  maintenance 145 

195.  Joint  graded  schools 145 

!!)().  School  house  for  several  townships 146 

107.  Cost  of  erecting.  .  147 

19S.  Advisory  board — Emergency 147 

199.  Abandonment  of  school  district 148 

200.  Consent  of  voters  to  abandonment 149 

201.  Discontinuance  of  schools     Township  trustees 149 

202.  Transportation  of  pupils 150 

203.  Payment     Transportation  of  pupils  to  adjoining  township 151 

204.  Payment  for  transportation  .  151 


1()  SCHOOL    LAW    OF    INDIANA- 

SEC.  PAGE- 

205.  Abandonment  of  schools  in  towns— Resuming  control.  .  151 

206.  Conveyance  to  trustees 152 

207.  Charge  of  town  schools 152 

208.  Joint  Building— Petition— Election. . 

209.  Election— Method— Ballots 

210.  Cost  of  building— How  apportioned 154 

211.  Control  and  management 155 

212.  High  school  district 155 

213.  District — Determining  the  territory 155 

214.  Contract  for  school  facilities 156 

215.  Expenses — Apportionment , 156 

216.  Warrants 157 

217.  Withdrawal 157 

218.  Other  acts  not  repealed 157 

CHAPTER  X. 

TRANSFER   OF   PUPILS. 

219.  Reasons  for  transfer 158 

220.  Tuition  for  transferred  pupils 160 

221.  Appeal 161 

222.  Payment  of  tuition 162 

223.  Rights  not  abridged 162 

224.  Settlements  for  transfer 162 

225.  Transfer  to  school  corporation  of  100,000 163 

226.  Payment  of  tuition 164 

227.  Orphans'  Homes — Transfer  of  pupils  to 164 

228.  Payment  of  tuition 165 

229.  Appeal 

230.  Apportionment  of  tuition  indebtedness 166 

231.  Special  written  agreements 

232.  Transfer  outside  of  state— Tuition 167 

CHAPTER  XI. 

SCHOOLS   IN  CITIES   OF  THF   FIRST   CLASS. 

233.  Board  of  School  Commissioners 168 

234.  Qualifications  of  commissioners 1 69 

235.  Nomination  and  election 170 

236.  Terms \1?> 

237.  Organization  of  board 17.'^ 

238.  Committees — Salaries — Rules 1 7o 

239.  Legislative  act — Directors'  approval 174 

240.  Officers  and  teachers — Examinations 175 

241.  Business — Directors — Duties ....  175 

242.  Superintendent — Text-books — Librarian— Appointments 176 

243.  Appointment  or  discharge — Reports 17S 

244.  Director's  duties — Bond 179 

245.  Auditor  of  school  board 179 


CONTENTS.  11 


SEC.  PAGE. 

246.  Warrants 179 

247.  Evidence  of  indebtedness 179 

248.  Illegal  warrant—Liability ...  180 

249.  Appropriation  necessary 180 

250.  Auditor's  report— Bond— Pay ...  180 

251.  Accountants 181 

252.  Payments  to  treasurer 181 

253.  Contract,  appropriations  for  necessary 181 

254.  Contracts  to  be  in  writing— Supplies 182 

255.  Bids  for  school  houses 182 

256.  Funding  indebtedness 183 

257.  Tax  levy 184 

258.  School  law  in  force 185 

259.  Old  school  board 185 

260.  Limit  of  debt 186 

261.  Bonds  to  purchase  real  estate  and  erect  buildings — Bids 186 

262.  Purchase  of  grounds  and  buildings 187 

263.  Eminent  domain,  may  exercise 188 

264.  Removal  of  commissioner 188 

265.  Levy  to  pay  debts 189 

266.  Subsequent  censuses 189 

267.  Manual  training  schools 189 

268.  Teachers  and  instructors 190 

269.  Tax  to  support  schools 190 

270.  Taxes— Powers  as  to  levy 190 

271.  Bonds — Building  and  grounds  fund 193 

272.  Art  association — Financial  aid 195 

273.  Powers  of  school  commissioners 197 

274.  Repeal 198 

275.  Health  inspection 198 

276.  Tax  levy  for  health  inspection 199 

277.  Trade  and  industrial  schools 199 

278.  Maintenance  and  operation 200 

279.  Transfer— Tuition 200 

280.  Public  playgrounds 201 

281.  Custody  and  control. 201 

282.  Expenses— Tax 201 

283.  Teachers'  pension  fund — Trustees 202 

284.  Officers— Duties 203 

285.  Control  of  fund— What  constitutes 204 

286.  Investment  of  funds 206 

287.  Sinking  fund 206 

288.  Uses  of  fund 206 

289.  Years  of  service— How  computed 207 

290.  Pensioners— Re-examination 208 

291.  Service  pension 209 

292.  Computing  time 209 

293.  Trustees— By-laws 209 

294.  Payments— When  refunded  in  part 210 


12  SCHOOL    LAW    OF   INDIANA. 

SEC.  PAGE. 

295.  Deficiency— Pro  rata  payments 

296.  Place  of  payment 210 

297.  Pensions  exempt  from  seizure  — 

298.  Cancellation  of  payment 

299.  Teacher  defined 211 

CHAPTER  XII. 

SCHOOLS    IN    CITIES    OF    55,000  TO  63,000, 

300.  Board  of  school  trustees '. 212 

301.  Qualifications— Interest  in  contracts— Salary 

302.  Election— Terms— Petition  for  candidates. .   . 

303.  Next  election— Five  to  be  chosen. . , 215 

304.  Present  incumbents  or  electives 215 

305.  Take  office  as  vacancies  occur 215 

306.  Future  census— Effect 216 

307.  Pending  litigation * 216 

CHAPTER  XIII. 

SCHOOLS   IN   CITIES   OF   45,000  TO   55,000. 

308.  Cities  of  45,000  to  55,000 217 

309.  Power  of  school  board 217 

310.  Buildings— Bonds...    217 

311.  Special  tax 218 

312.  Proceeds  of  bonds 218 

313.  Population 219 

CHAPTER  XIV. 

;  TAXATION. 

314.  State  tax  levy 220 

315.  Uniform  tax 220 

316.  Special  school  tax  used  to  pay  teachers . . . , 220 

317.  Assessment  and  collection 221 

318.  Supplementary  tuition  fund 222 

319.  Local  tax,  how  applied 223 

320.  Special  tax  for  school  houses  and  support  of  schools 223 

321.  State  educational  institutions — Amount  of  tax     Division 223 

322.  Permanent  fund  not  affected 225 

323.  Repeal  not  to  affect  taxes  then  levied 225 

CHAPTER  XV. 

APPORTIONMENT   OF    REVEXIK. 

324.  To  be  semi-annually 226 

325.  Reports  of  county  auditors 226 

326.  When  and  what  county  auditor  reports. .  226 


CONTENTS.  13 


PAGE. 

When  congressional  township  divided 227 

Auditor  failing  to  report 227 

Printed  statement 228 

Payment  £ o  counties 228 

Payment  of  excess 229 

Unapportioned  balances •. 229 

County  Auditors'  apportionment 230 

Suite  tax  levy 231 

Apportionment  among  counties 231 

Distribution  of  5.2  of  fund .  232 

Town  or  township  deficiency — Certificate .....  232 

Superintendent  and  auditor— Duties 233 

Uses  of  funds 233 

Liability  for  fund 234 

Surplus 234 

Interest  on  sinking  fund 234 

Surplus  dog  t  ax  fund 234 

CHAPTER  XVI. 

THE   FUND. 

What  constitutes 237 

Estrays  and  property  adrift 238 

Hydrophobia  fund — County  auditors 238 

Counties  liable 238 

Account  of  fund 239 

Custody  of  lands 240 

Leasing  lands 240 

Divided  school  sections : 241 

Boundaries  of  townships 241 

School  township,  when  county  lines  divide 241 

Auditor's  statement  as  to  children 241 

Auditor's  duty 242 

Account  and  distribution 242 

Duties  of  the  other  auditor 242 

Account — Readjustment 243 

Power  of  trustee ,  243 

Sale  of  school  lands 243 

Proceedings  to  sell 244 

Ballots 244 

Results  of  election ~ 244 

Certificate  of  vote 244 

Trustee's  duty 244 

Order  and  conduct  of  sale 245 

Terms  of  sale — Timber 245 

Forfeiture— Resale .246 

Forfeiture,  how  prevented 246 

Forfeiture — Liability  for  waste 247 

Suit  for  waste 247 


14  SCHOOL   LAW    OF   INDIANA. 


SEC. 

372.  Private  sale  ....................................... 

373.  Reappraisement  ..........................  247 

374.  Advertisement  of  funds  .............................                    ....  247 

375.  Reappraisement  of  forfeited  lands  ...................    .............  248 

376.  Appropriation  by  commissioners  ..................................  248 

377.  Certificate  of  purchase  ...........................................  248 

378.  Rights  of  purchase  ...............................................  249 

379.  Failure  to  make  payment  —  Penalty  ...............................  249 

380.  Assignment  ......................................................  249 

381.  Defective  assignments  —  Proceedings  .............................  249 

382.  Loan  of  purchase  money  ..........................................  250 

383.  Payment  .........................................                        ...  250 

384.  Lost  certificate  ..................................................  250 

385.  Purchase  money,  where  paid  ......................................  251 

386.  Duty  of  auditor  .....................................                    ...  251 

387.  Deed  ...............................  -  ...............  '  .............  251 

388.  Sale—  Legalization  ..............................................  251 

389.  Title,  when  complete  ........  •  ...................................  252 

390.  Sale  ha<}  without  vote  ............................................  252 

391.  Compensation  on  failure  of  title  .............................  252 

392.  Lands  of  surplus  revenue  fund,  how  sold  ..........................  252 

393.  Interest—  Judgment  .................  *  ..............               .......  253 

394.  Advertisement  of  funds  ...........................................  253 

395.  Cpunty  auditor—  Penalty  ............................                    ...  254 

396.  Auditor's  duty  ...................................................  254 

397.  Appraisement  ....................................................  254 

398.  Duty  of  appraisers  ....................................                ...  254 

399.  Loans  outside  of  county  ..........................................  254 

400.  Oath  of  applicant  ..............................  255 

401.  Time  of  loan  .....................................................  255 

402.  Loan  of  school  and  university  funds  ...............................  255 

403.  Limit  of  loan  ...............................................  .....  255 

404.  Percentage  of  value  of  land  .......................................  256 

405.  Length  of  time  ...................................................  256 

406.  County  may  borrow  ..............................................  257 

407.  Note  of  county  —  County  council  ..................................  257 

408.  Auditor's  warrant  ...............................................  257 

409.  Rate  of  interest  ..................................................  258 

410.  Payment  of  loan  ...........  ..............  ........................  258 

411.  Transfer  from  one  county  to  another  ..............................  258 

412.  Certificate  as  to  liens  ..............................................  259 

413.  Acknowledgments  and  oaths  .........................................  259 

414.  Record  of  mortgages  —  Priority  ...................................  ,  ..  .  260 

415.  Auditor's  duty  ....................................................  260 

416.  Fees  ...............................................................  260 

417.  Interest  unpaid—  Audi  tor's  duty  ..................................  260 

418.  '  Collection  on  default  ......................  m  .....................  260 

419.  Fund  to  be  specified  ............................                            ...  261 

430.  Form  of  mortgage  .........................................  ......  261 

431.  Form  of  note  ...............  261 


CONTENT*.  15 


KF-C  PAGE. 

422.  Warrant  to  borrower   262 

423.  Payments— Quietus 262 

424.  Indorsements  and  satisfaction 262 

425.  Suit  for  deficiency 262 

426.  Notice  of  sales 262 

427.  Manner  of  sale— Surplus 263 

428.  Auditor's  bid 264 

429.  Sale  of  lands  bid  in 264 

430.  Deed  by  Auditor 264 

431.  Statement  of  sales 264 

432.  Title  in  State  without  deed 264 

433.  Conveyance  to  county 265 

434.  Suit  to  foreclose 265 

435.  Purchase  by  county 266 

436.  Lease  of  land  purchased 266 

437.  Sale  of  land— Appraisement 266 

438.  Deeds 267 

439.  Sales  legalized 267 

440.  Act  supplemental - 267 

441.  Cancellation  of  mortgages 268 

442.  Annual  report 268 

443.  Duty  of  Boards 269 

444.  Board's  report 269 

445.  Disposition  of  report 270 

446.  Apportionment  of  loans 270 

447.  Miscellaneous  school  fund  account 270 

448!     Distribution  and  report 271 

449.  Penalty  against  Auditor 271 

450.  School  funds — Expense  in  making  loans 272 

451.  Repeal  of  order 272 

452.  Appropriations — County  council 272 

453.  Real  estate  sales  legalized 272 

CHAPTER  XVII. 

SCHOOL   INDEBTEDNESS — BONDS    AND    NOTES. 

454.  Bonds  for  school  buildings 274 

455.  Use  of  proceeds 275 

456.  Special  tax * 275 

457.  Condition  for  building 277 

458.  Surplus  special  school  revenue 277 

459.  Funding  or  refunding  bonds , .  ,  278 

460.  Tax  levy „ 279 

461.  Bonds  or  notes 279 

462.  Tax  to  pay  bonds  or  notes 280 

463.  Trustees  give  bond 280 

464.  Additional  bond  issue 281 

465.  Cities— Second  class— Bond  issue 281 

466.  Bonds  in  series— Time. .  282 


]6  SCHOOL    LAW    OF    INDIANA. 

SEC.  PAGE- 

467.  Tax  for  bond  redemption 

468.  Repeal 

469.  Bond  issue — Towns  or  cities  1,000  to  5,000. 

470.  Sale — Bond  'for  proper  use  of  fund . . 

471.  Special  tax, .". 

472.  Surplus  special  school  revenue 

473.  Towns  not  over  2,000— Funds  for  buildings— Bonds . . . 

474.  Refunding  bonds 

475.  Trustee's  bonds 

476.  Sale  of  property 

477.  Special  tax 

478.  Surplus  special  revenue 

479.  Towns  not  over  1,000— Bonds— Tax. . 

480.  How  construed 289 

481.  Township  business— Indebtedness — Issue  of  bonds 289 

482.  Duties  of  advisory  board 

CHAPTER  XVIII. 

SCHOOL  BOOKS. 

483.  State  board  of  education  a  board  of  school  book  commissioners .  . 

484.  Contracts,  bids,  sale  price 292 

485.  Open  bids 

486.  May  procure  manuscripts 295 

487.  State  not  liable 295 

488.  Governor's  proclamation 295 

489.  Trustee's  duty. 295 

490.  Quarterly  reports 297 

491.  Superintendent  to  enter  suit 297 

492.  Superintendent's  special  bond ....     298 

493.  Reports  to  contractor 298 

494.  Sale  for  more  than  contract  price  a  misdemeanor 299 

495.  Embezzlement 299 

496.  Appropriation — Laws  repealed 300 

497.  Advertise  for  bids 300 

498.  Trustees  to  make  requisitions  first  Monday  of  June 301 

499.  Trustee  to  acknowledge  receipt  of  books 301 

500.  Books  for  poor  or  indigent  children 303 

501.  Reports  to  commissioners  and  county  superintendent 303 

502.  Appropriation 304 

503.  Suit  on  trustee's  bond 304 

504.  County  superintendent's  special  bond 304 

505.  Superintendent's  report  to  contractor 305 

506.  Failure  to  report— Embezzlement 306 

507.  Books  to  be  uniformly  used 306 

508.  Duty  of  contractor 306 

509.  Name  and  price  of  books  on  cover 307 

510.  State  superintendent's  duty 308 

511.  Act  supplemental 308 


m.XTKNTS.  17 


SEC.  PAGE. 

512.  Contractors  to  file  consent 308 

513.  Sale  to  merchants  or  dealers — Trustee's  report • 310 

514.  Officers  to  supply  sufficient  books 310 

515.  Duty  of  merchants  and  dealers 311 

516.  County  superintendent  to  make  report 311 

517.  Officers  failing  to  report — Right  of  action 312 

518.  Failure  to  report  at  expiration  of  term — Embezzlement 312' 

519.  Sale  for  more  than  contract  price  a  misdemeanor 313 

520.  Contractors  to  file  consent  for  revision  of  books 313 

521.  Author  to  revise— County  and  state  superintendent  to  scale  requi- 

sition   314 

522.  Intermediate  grammar  or  language  lessons 317 

523.  State  board  to  meet— Notice 318 

524.  Frequency  of  revision 318 

525.  Standard  of  revision — Contractor's  bond 319 

526.  Appropriation 319 

527.  New  bond 319 

528.  State  superintendent's  duty 320 

529.  Act  supplemental 320 

530.  Reading  primer. 320 

531.  Price 321 

532.  Old  laws  applicable 321 

533.  Use  in  cities  of  5,000 321 

534.  Sale  of  school  books 321 

535.  Proclamation  by  Governor 322 

536.  Existing  contracts 322 

537.  Sale  of  books  in  counties  whore  no  depository  merchant  can  be  pro- 

cured.. 323 


CHAPTER  XIX. 

COMPULSORY   EDUCATION. 

538.  Compulsory  attendance — Age — Blind  and  deaf 325 

539.  Truancy  board — Truancy  officer 326 

540.  Truant  officers  in  cities  and  towns 326 

541.  Compensation 327 

542.  Reports 328 

543.  Poor  children — Assistance 328 

544.  Parental  home — Incorrigible  child 328 

545.  Confirmed  truant 329 

546.  Tax 329 

547.  Enumeration  of  children .  329 

548.  Names  of  children  furnished  truant  officer 330 

549.  Schools— Eleemosynary  institutions 330 

550.  Compulsory  education  of  dependent  children.  ......  330 


[2—27277] 


18  SCHOOL    LAW    OF    INDIANA- 

CHAPTER  XX. 

STATE    NORMAL   SCHOOL. 
SEC.  PA  OB. 

551.  Established 331 

552.  Trustees — Corporate  name 331 

553.  Term  of  office — Vacancies 331 

554.  Organization — Officers 332 

555.  Donations 332 

556.  Location 332 

557.  Contract  for  building 332 

558.  Model  school 333 

559.  Duty  of  Trustees 333 

560.  Conditions  of  admission 333 

561.  Tuition  fee 333 

562.  Principal  of  management 333 

563.  Reports 334 

564.  Board  of  Visitors 334 

565.  Certificates— Diplomas 334 

566.  Pay  of  Trustees 335 

567.  Pay  of  Treasurer  and  Agent 335 

CHAPTER  XXI. 

ACCREDITED    NORMAL   SCHOOLS. 

568.  The  State  Board  of  Education  a  State  teachers'  training  board ....  336 

569.  Courses  of  study 337 

570.  Two-year  course 337 

571.  Diplomas 337 

572.  "Accredited"  schools 337 

573.  When  "accreditment"  denied 338 

CHAPTER  XXII. 

INDIANA    UNIVERSITY. 

574.  Recognized 340 

575.  Tax  for  Endowment  Fund 340 

576.  Application  of  fund 340 

577.  Bond  of  State 341 

578.  Loans  by  State  Auditor 341 

579.  Mortgages  taken  by  State  Auditor 342 

580.  State  may  borrow  fund 342 

581.  Trustees — Corporate  name — Officers — Powers . 342 

582.  The  first  Trustees 343 

583.  The  first  meeting 343 

584.  Vacancies , 343 

585.  Pay  of  Trustees ....  344 

586.  Trustees  of  Indiana  University 344 

587.  Trustees'  term  expiring  1891,  successors • 344 

588.  Trustees'  term  expiring  1893,  successors .  .*.  344 


CONTENTS.  19 


SEC.  PAGE. 

589.  Registry  of  Aluinni 345 

590.  Nomination  of  Trustees 345 

591.  Annual  meeting  of  Alumni 345 

592.  Method  of  voting  by  Alumni 346 

593.  Annual  meeting 346 

594.  Quorum — Temporary  appointments . . 347 

595.  Seminary  township .  .  .  347 

596.  Interest  on  loans 347 

597.  Faculty— Powers 347 

598.  No  religious  qualifications 348 

599.  No  sectarian  tenets 348 

600.  County  students 348 

601.  Notice  to  counties 348 

602.  Treasurer's  bond 348 

603.  Board  of  visitors 348 

604.  Visitors  not  attending  to  be  reported 348 

605.  Duties  of  visitors : 349 

606.  Duties  of  Secretary 349 

607.  Duties  of  Treasurer 349 

608.  Report  to  State  Superintendent 349 

609.  Lectures  by  faculty 350 

610.  Geological  examination  and  specimens 350 

611.  Printing  annual  report 350 

612.  Contents  of  report 351 

613.  Notice  of  sessions 351 

614*  Buildings  and  repairs 351 

615.  Normal  department 351 

616.  Agricultural  department 351 

617.  Scholarships  transferable 351 

618.  Perpetual  scholarships 352 

619.  Library 352 

620.  State  Geologist 352 

621.  Fund,  how  derived— Loans 353 

622.  Auditor  of  State  to  loan— Duty 353 

623.  Form  of  mortgage 353 

624.  Form  of  note 354 

625.  Loans— Security 354 

626.  Interest 354 

627.  Priority  of  mortgage 354 

628.  Recording  of  mortgage 355 

629.  Certificate  as  to  liens 355 

630.  Abstract  of  title 355 

631.  Auditor's  duty 355 

632.  Payment 355 

633.  Satisfaction 355 

034.  Loans,  how  collected 355 

035.  Judgment.  * 356 

036.  Notice  of  sale 356 

037.  Sale 356 

038.  When  Auditor  to  buy — Resale 356 


20  SCHOOL    LAW    OF    INDIA  XA 


SEC. 

639.  Limit  of  bids—  Overplus  ....................  356 

640.  Statement  of  sale  ..........................  357 

641  .  Title  in  State,  without,  deed  ......................................  357 

642.  Sale  for  cash—  Certificate  ................ 

643.  Sale  on  credit  ................  357 

644.  Fees  and  damages  ......................................  357 

645.  Accounts—  Reports  ,  ...................  .....................  35S 

646.  Accounts  with  borrowers  .........................................  358 

647.  Interest,  when  loaned  ........................  35S 

648.  Unsold  lands  ............................................  35S 

649.  Certificates  of  payment—  Patent  .........  35X 

650.  Leases.  .  .  ...................................  339 

651.  Commissioners'  report  .........................  350 

652.  Commissioners'  duty  .............................................  359 

653.  .  Pay  of  Commissioners  ............................................  359 

654.  Patents  and  recording  ............  .......................           ....  359 

655.  Pay  for  managing  fund  ...........................................  359 

656.  Extension  of  payments  ...........................................  360 

657.  Forfeiture,  how  prevented  ............................  .  .           .....  360 

658.  Forfeited  lands  ...................................  360 

659.  Appraisement  of  lands  ................................  361 

660.  Where  filed  and  recorded  ....................................  "  .....  361 

661.  Duty  of  County  Auditor.  ...............  .  .  361 

662.  Notice  of  sale  .....................  .  ..............................  361 

663.  Sale  ...............................  .  ...............  ...............  362 

664.  Terms  of  sale  ................    ..................................  -362 

665.  Private  entry  .................................  :  .................  362 

666.  Certificate  of  purchase  ........................................  ...  362 

667.  Certificate  to  be  registered  .......................................  363 

668.  Certificate  assignable  .........................  ...................  363 

669.  Forfeiture  ........................  ...............................  363 

670.  Surplus  .............................  ,  ...........................  363 

671.  Forfeiture,  how  prevented  ........................................  363 

672.  Land,  how  redeemed  .............................................  364 

673.  Security  .........................................................  364 

674.  Suit  for  waste  ...................................................  364 

675.  Patent,  on  full  payment  ........  :  .................................  364 

676.  Auditor's  report  .................................................  364 

677.  Treasurer's  report  ...............................................  365 

678.  To  pay  money  to  State  Treasurer  .................................  365 

679.  Pay  of  Auditor  and  Treasurer  ..............................  365 

680.  Loans  ...............................................  S65 

681.  Disposition  of  proceeds  .........................................  366 

682.  Report  of  sales  ..........................................  366 

683.  One  Trustee  to  attend  sales  ..................  366 

684.  No  member  to  deal  in  lands  ......................  366 

685.  Trustees  to  get  information  ..................................    ____  367 

686.  State  Treasurer  collects  loans  ....................................  367 

687.  Count}^  Auditors   loan  .........  368 


CO  NTKNTS.  21 
SEC.                                                                                                                                                                            PAGE. 

688.  Auditor  of  State  can  not  loan 368 

689.  Counties  pay  interest 368 

690.  Suit  for  deficiency  after  sale 368 

691 .  School  of  Medicine 369 

CHAPTER  XXIII. 

rruiM'K    rXIVKUSTTY. 

692.  Agricultural  college  scrip 370 

(593.  The  first  Trustees,  and  original  name 370 

694.  Sale  and  investment  of  scrip 370 

695.  Donations  accepted 371 

696.  Location 371 

097.  Permanent  name 371 

tl'.is.  Corporate,  name — Powers  and  duties  of  Trustees 372 

699.  Dedication  of  street 372 

700.  Power  to  dedicate 373 

701.  Privileges  of  John  Purdue 373 

702.  Amendment  or  repeat 373 

703.  Appointment  of  Trustees 373 

704.  Term  of  office 374 

705.  Vacancies,  how  filled 374 

706.  Officers — Treasurer's  bond  and  duties 374 

707.  County  students 375 

708.  Students 375 

709.  Investment  of  fund 376 

710.  Gift  to  establish  Institute  of  Technology 376. 

711.  Farmers'  Reading  Courses 377 

712.  Agriculture — Rural  improvement  appropriation 377 

713.  Uses  of  appropriation .  378 

714.  Extension  department 378 

715.  Farmers'  Institute— County  Auditor 378 

716.  County  Council  appropriation 379 

717.  Repeal 379 

718.  Acceptance  of  U.  S.  Grant . . .  .• 379 

719.  Agriculture — Experiment  Station  work— Appropriation 380 

720.  Uses  of  appropriation 380 

721.  Work— How  carried  on 381 

CHAPTER  XXIV. 

FREE    LIBRARIES. 

722.  County  and  town  tax  for  library  subscriptions .382 

723.  Subscriptions  filed  with  Clerk  of  Circuit  Court. . . . : 383 

724.  Public  library  board — Appointment — Qualifications 384 

725.  Certificate  of  appointment — Oath 385 

726.  Organization 386 

727.  Library  Board—Powers 386 

72S.  Subscriptions  collected — Building  tax 387 


22  SCHOOL    LAW    OF    INDIANA- 


729.  Tax— How  used 

730.  Use  of  library — Certificates  of  membership— Township  may  use 

731.  Donation  of  library 

732.  Removal  of  member  of  board 

733.  Treasurer's  report 

734.  Repealing  section 

735.  Library — Extension  of  privileges  to  township — Tax 

736.  Accounting — Report 

737.  Public  Library  Commission .....! 

738.  Office — Duties  employes 

739.  Purchase  of  books • 

740.  Library  association ' '. 

741.  Advice ._. 

742.  Township  library 

743.  Township  library  board — Township  uniting 

744.  Official  documents 

745.  Member  of  commission  not  to  be  published 

746.  In  cities  and  towns 

747.  Libraries  in  certain  cities 

748.  Tax  to  maintain 

749.  Libraries  in  cities  of  3,500  to  4,000 

750.  Acceptance  of  library 

751.  Payment  of  taxes — Control 

752.  Privileges  of  libraries 

753.  Removal  of  directors 

754.  Library  fund 

755.  Tax  levy  for  libraries 

756.  Office  of  librarian  abolished 

757.  Library  discontinued 

758.  Legalizing  section 

759.  Real  estate 

760.  Real  estate  for  libraries 

761.  Parks  used  for  libraries 

762.  Prior  acts  legalized 

763.  School  and  library  tax  in  cities  of  30,000 

764.  County  Treasurer  reports  to  Board  of  School  Commissioners 

765.  County  Treasurer's  credits 

766.  School  and  library  tax  in  cities  of  15,000  to  30,000 

767.  Payment  of  bonds 

768.  Towns — Transfer  of  property  to  library  board 

769.  Purchases  legalized 

CHAPTER  XXV. 

STATE   LIBRARY. 

770.  Management 

771.  Election  of  librarian — Term 

772.  Term  of  office — Bond 

773.  Library,  when  to  be  kept  open 


CONTENTS.  23 


SEC.  PAGE. 

774.  Preservation  of  State  documents 409 

775.  Legislative  papers,  preservation.  . 409 

776.  Exchanges 409 

777.  Misappropriation  of  books 409 

778.  Loan  of  books 409 

779.  Rules  and  regulations 410 

780. «  Salaries — Reference    Librarian— Cataloguer — Stenographer 410 

781.  Report  of  receipts  and  expenditures 410 

782.  Removal  of  librarian  and  assistants 410 

783.  Violation  of  this  act,  penalty 410 

784.  Publications  delivered  to  librarian 411 

785.  Distribution  of  publications 411 

786.  State  library — Legislative  department 411 

787.  Reference  librarian — Salary 412 

788.  Appropriation 412 

CHAPTER  XXVI. 

TOWNSHIP   ADVISORY   BOARD. 

789.  Advisory  Board 413 

790.  Taxpayers  may  attend 414 

791.  Annual  meeting — Expenditures  and  tax  levy 414 

792.  Estimate  of  expenditures 416 

793.  Compensation  of  board,  if  desired '. 417 

794.  Special  meetings  of  the  board 517 

795.  Financial  record 418 

796.  Annual  settlement  with  the  board 419 

797.  New  school  house — School  supplies 421 

70S.  Trustees'  pay 422 

799.  Contracts  void f 422 

800.  Appointment   of   first    members  of  board 422 

CHAPTER  XXVII. 

PUBLIC   DEPOSITORIES. 

801 .  Public  Officers— Cash  book 424 

802.  State  Officers— Payments  to  Treasurer 424 

803.  Institutions,  Boards,  etc. — Payments  to  Treasurer 424 

S04.  Fees— Salary,  Treasurer 425 

805.  State  Board  of  Finance 426 

S0f>.  County  Board  of  Finance 426 

S07.  Compensation 427 

808.  Cities  and  towns — Board  of  Finance 428 

809.  School  and  township  Board  of  Finance 428 

810.  Depository  deposits — Treasurers 429 

811.  Requirements  as  to  Depository — Bonds 430 

S12.  Other  forms  of  security 430 

X13.  Surety  disapproved — Court  decision 431 

814.  Funds — Inviting  proposals  to  receive — Notice 431 


24  SCHOOL    LAW    OF    INDIANA- 


SEC.  1>A- 

815.  Proposals  for  funds—  Interest  ..........  . 

816.  Creation  of  depository  —  Revocation  —  Repeal.  . 

817.  Selecting  State  depositories—  Finance  boards—  Records..  433 

818.  Title  to  securities—  Record—  Default—  Sale  .  . 

819.  State  Institution  Deposits—  Treasurer's  settlement.  .  435 

820.  Monthly  statement  by  depositories  —  Checks  .....    .....  435 

821.  More  than  one  depository  —  Maximum  deposits  ................  436 

822.  Published  reports  —  Auditor's  powers  ............. 

823.  Selection  without  advertising—  Outside  of  county  .............  438 

824.  Daily  deposits  —  Embezzlement—  Penalties  ................  438 

825.  Official  liability—  Exemption  ...........  ,  ..............  441 

CHAPTER  XXVIII. 

THE   PUBLIC   ACCOUNTING   BOARD. 

826.  Appointments  by  Governor  ........................  442 

827.  State  Board  of  Accounts  —  Powers  —  Duties  ........................  443 

828.  Separate  accounts  .............  ..................  444 

829.  State  Examiner—  Reports  to—  Contents  ..........                          ____  444 

830.  Examiner—  Comparative  .............  ..................                 .  .  445 

831.  Forms  for  reports  —  Blanks,  etc  ...........................  445 

832.  Assistants—  Field  Examiners  ...................................  446 

833.  Competitive  examinations  ........  .  ...............  440 

834.  State  Examiner—  Duties—  Powers  .......................  447 

835.  Failure  to  report—  Penalty  ..........................  449 

836.  Fee  records  —  Fee  and  salary  book—  Open  to  public  ................  449 

837.  Fines  or  forfeitures  —  Record  book  —  Reports  —  Penalty  .............  450 

838.  Audit  of  bills—  Warrant—  Quietus  .................................  451 

839.  Expense  of  examination  —  How  paid  ..............................  452 

840.  Traveling  expenses  ............  '.......  ............................  453 

841.  Bonds  required  ...................................................  453 

842.  Definitions  ......................................................  151 

843.  Bribe  —  Offer  or  acceptance:  —  Penalty  ..............................  454 

844.  Examinations  without  notice  —  Penalty  ............................  455 

845.  Books  —  Records  and  forms  .......................................  455 

846.  When  act  in  effect  ...............................................  456 

847.  Officers  —  Duties  as  to  books,  etc.—  Penalty  .......................  456 

848.  Repeal  ..................................  ..............  456 

849.  Field  Examiners  —  Appointment  —  Duty  —  Compensation  ............  157 

850.  Reports  of  examination  to  Attorney  General  ...................  457 

851.  Prosecutions  —  By  whom  prosecuted  .............................  45S 

852.  Prosecuting  Attorney  —  Duties  ....................................  458 

853.  Plaintiffs  in  prosecutions  —  Judgment  ..............................  15!) 

854.  Pending  actions—  Prosecutor's  duties  ....................  460 

855.  Prosecutor's  fees  ................................................  4CO 

856.  Compromise  by  prosecutor  —  Consent  of  Examiners  ................  460 

857.  Findings  of  Examiners—  Notice—  Hearing—  Settlement—  Publicity   .  461 

858.  Final—  Sole  question  —  Evidence  ............................  462 

859.  Remedies  cumulative  .............................  463 

860.  Appeal  —  Duties  of  Attorney-General  .......  463 


CONTENTS.                                                                "  25 

CHAPTER  XXIX. 

INSTITUTES. 
SEC.  PAGE. 

861.  Township  Institutes 464 

862.  Touchers'  Institutes — Expenses 465 

xr>:{.     Schools  dosed 465 

S64.     Sessions 465 

Suggested  forms     Legal    forms 466 

APPENDIX. 

PAGE. 

Constitution  of  the  Stale  of  Indiana 471 

Index  to  Constitution 507 

(leneral  index                                                                                            509 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  I. 

CONSTITUTIONAL  PROVISIONS. 

Sic.  SEC. 

1.  Common  schools.  5.     Reinvestment. 

2.  Common  school  fund.  6.    Counties-Liability. 

3.  Principal,  a  perpetual  fund.  7.    Trust  funds  inviolate. 

4.  Investment  and  distribution.  8.     Superintendent  of  public  in*i  MIC!  ion. 

ARTICLE  VIII. 
[In  force  November  1,  1851.] 

1.  Common  schools.     1.     Knowledge  and  learning  gen- 
erally diffused  throughout  a  community  being  essential  to 
the  preservation  of  a  free  government,  it  shall  be  the  duty 
of  the  general  assembly  to  encourage,  by  all  suitable  means, 
moral,  intellectual,  scientific  and  agricultural  improvement, 
and  to  provide  by  law  for  a  general  and  uniform  system  of 
common  schools,  wherein  tuition  shall  be  without  charge 
and  equally  open  to  all.   (E.  S.  1908,  §182.) 

2.  Common  school  fund.     2.    The  common  school  fund 
shall  consist  of  the  congressional  township  fund  and  the 
lands  belonging  thereto; 

The  surplus  revenue  fund ; 

The  saline  fund,  and  the  lands  belonging  thereto; 

The  bank  tax  fund,  and  the  fund  arising  from  the  one 
hundred  and  fourteenth  section  of  the  charter  of  the  state 
bank  of  Indiana.  (E.  S.  1908,  §183.) 

3.  Principal,  a  perpetual  fund.    3.    The  principal  of  the 
common  school  fund  shall  remain  a  perpetual  fund,  which 
may  be  increased,  but  shall  never  be  diminished;  and  the  in- 
come thereof  shall  be  inviolably  appropriated  to  the  sup 
port  of  common  schools  and  to  no  other  purpose  whatever. 
(U.S.  1908,  §184.) 

1.  EM  VERSION.  This  "fund  must  be  devoted  to  the  support  of  the  com- 
mon schools,  without  the  diversion  from  it  of  a  penny  for  any  other  pur- 
pose \\h.-ite\er."— Board  v.  State,  120  Ind.  282;  Hoard  v.  State,  110  Ind. 
329. 


SCHOOL    LAW    OF    INDIANA-  27 

4.  Investment   and  Distribution.    4.    The   general   as- 
sembly shall  invest,  in  some  safe  and  profitable  manner,  all 
such  portions  of  the  common  school  fund  as  have  not  here- 
tofore been  entrusted  to  the  several    counties,    and    shall 
make  provision  by  law.  for  the  distribution  among  the  sev- 
eral counties  of  the  interest  thereof.   (R.  S.  1908,  §185.) 

1.  "INVEST"  DEFINED.  The  word  "invest"  is  construed  as  broad  enough 
to  cover  loans  made  by  counties,  and  that  the  fund  may  be  entrusted  to 
them  for  that  purpose,  but  it  does  not  restrict  to  that  mode  of  investment. — 
Shoemaker  v.  Smith,  XI  Ind.  1212. 

5.  Reinvestment.     5.     If  any  county  shall  fail  to  de- 
mand its  proportion  of  such  interest,  for  common  school 
purposes,  the  same  shall  be  reinvested  for  the  benefit  of 
such  county.    (R.  S.  1908,  §186.) 

6.  Counties — liability.     6.     The   several   counties   shall 
be  held  liable  for  the  preservation  of  so  much  of  said  fund 
as  may  be  entrusted  to  them,  and  for  the  payment  of  the 
annual  interest  thereon.    (R.  S.  1908,  §187.) 

1.  RENTS.  A  county  is  liable  for  rents  derived  from  unsold  congres- 
sional township  lands. — Davis  v.  Board,  44  Ind.  38;  Board  v.  State,  110 
Ind.  329. 

7.  Trust  funds  inviolate.     7.     All  trust  funds  held  by 
the  state  shall  remain  inviolate  and  be  faithfully  and  ex- 
clusively applied  to  the  purposes  for  which  the  trust  was 
created.    (R.  S'.  1908,  §188.) 

1.  EXPENSE  or  MANAGEMENT.  The  constitution  requires  the  counties  to 
bear  the  expense  of  managing  the  school  fund;  and  if  they  pay  out  any 
part  of  the  fynd  for  snob  expense  they  are  liable  to  make  the  loss  good. — 
Board  v.  State,  103  Ind.  407;  Vanarsdall  v.  State,  65  Ind.  176;  State  v. 
Board.  90  hid.  359;  Board  v.  State,  116  Ind.  329;  Board  v.  State,  138  Ind. 
395. 

8.  Superintendent  of  Public  Instruction.    8.    The  gen- 
eral assembly  shall  provide  for  the  election,  by  the  voters 
of  the  state,  of  a  state  superintendent  of  public  instruction, 
who  shall  hold  his  office  for  two  years,  and  whose  duties 
and  compensation  shall  be  prescribed  by  law.    (R.  S.  1908, 
§189.) 


28  SCHOOL    LAW    OF    INDIANA. 


CHAPTEE  II. 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


SEC.  !    SEC. 


9.  Superintendent. 

10.  Commencement  of  term — Oath. 

11.  Duties— Office— Clerks. 

12.  Report  to  governor. 

13.  Report  to  general  assembly. 

14.  Duties. 


17.  May  require  reports. 

18.  Blanks  and  forms. 

1!».  Forms  of  bookkeeping. 

20.  Shall  publish  school  law. 

21.  Journals,  etc.,  to  libraries. 

22.  Certificates  from  other  st:ucs. 


15.  Traveling  expenses.  23.     Items  for  success  grades. 

16.  Supervision  of  school  funds. 

[1805,  p.  3.    Approved  and  in  force  March  6,  18(J5.| 

9.  Superintendent— Election.      119.      There     shall     be 
elected  by  the  qualified  voters  of  the  state,  at  a  general  elec- 
tion, a  state  superintendent  of  public  instruction,  who  shall 
hold  his  office  for  two  years.     (11.  S.  1908,  §6293.) 

1.  SALARIES.  The  salary  of  the  state  superintendent  of  public  instruc- 
tion is  $3,500  per  annum.  The  salary  ol:  the  assistant  superintendent  is 
$2,000;  of  the  first  deputy,  $1,500;  of  the  second  deputy,  $1,200,  and  of  the 
stenographer,  $720. 

10.  Commencement   of  term— Oath.     120.    His   official 
term  shall  commence  on  the  fifteenth  day  of  March  suc- 
ceeding his  election.    He  shall  take  and  subscribe  the  oath 
prescribed  by  law;  which  proceeding  shall  in  all  things  con- 
form to  the  law  relative  to  the  oaths  of  public  officers.     (R. 
8.  1908,  §6294.) 

11.  Duties— Office— Clerks.     121.      The    superintendent 
shall  be  charged  with  the  administration  of  the  system  of 
public  instruction  and  a  general  superintendence  of  the 
business  relating  to  the  common  schools  of  the  state,  and  of 
the  school  funds  and  school  revenues  set  apart  and  appro- 
priated for  their  support.  A  suitable  office  shall  be  furnished 
for  him  at  the  seat  of  government,  in  which  the  books,  pa- 
pers and  effects  relating  to  the  business  of  said  office  shall 
be  kept;  and  there  he  shall  give  reasonable  attendance  to 
the  business  and  duties  of  the  office.     He  shall  render  an 
opinion  in  writing,  to  any  school  officer  asking  the  same, 


SCHOOL   LAW    OF   INDIANA.  '29 

touching  the  administration  or  construction  of  the  school 
law.  He  is  hereby  authorized  to  employ  two  clerks  for 
said  office,  to  be  paid  as  the  clerks  of  the  office  of  the  auditor 
of  state  are  paid;  and  the  sum  of.  eighteen  hundred  dollars 
is  hereby  annually  appropriated  for  that  purpose.  (R.  S. 
1908,  §6295.) 

1.  OPINIONS.    He  is  not  bound  to  give  opinions  except  to  school  offi 
eors — that    is    county    auditors,    county    treasurers    and    superintendents, 
township  trustees,  school  directors,  and  school  trustees  of  towns  and  cities. 
Hut  the  courtesy  of  superintendents  has  established  the  custom  of  answer- 
ing questions  touching  the  construction  and  administration  of  the  school 
laws  for  all  who  need  such  information. 

2.  His  OPINIONS  NOT  A  DEFENSE.    It  has  been  decided  that  depositing 
funds  in  a  solvent  bank,  by   advice  of  state  and  county  superintendents 
and  county  board,  if  loss  result,  is  no  defense  to  the  trustee  depositing. — 
Inglis  v.  St.ite,  151  Ind.  212. 

3.  His  OPINION  ENTITLED  TO  CONSIDERATION.   When  a  law  admits  of  dif- 
ferent constructions,  it  is  well  settled  that  the  usage  under  it  and  the  prac- 
lical  construction  of  it  for  a  series  of  years,  is  entitled  to  great  weight, 
and  sometimes  may  be  decisive. — Appeal  of  Cottrell,  10  Iv.  I.  015. 

12.  Report  to  governor.     122.     In  the  month  of  January 
in  each  year  in  which  there  is  no  regular  session  of  the  gen- 
eral assembly,  he  shall  make  a  brief  report,  in  writing,  to 
the  governor,  indicating,  in  general  terms,  the  enumeration 
of  the  children  of  the  state  for  common  school  purposes, 
the  additions  to   the  permanent   school   fund  within  the 
year,  the  amount  of  school  revenue  collected  within  the 
year,  and  the  amounts  apportioned  and  distributed  to  the 
schools.    (R.  S.  1908,  §6297.) 

13.  Report  to  general  assembly.    123.    At  each  regular 
session  of  the  general  assembly,  on  or  before  the  fifteenth 
day  of  January,  said  superintendent  shall  present  a  biennial 
report  of  his  administration  of  the  system  of  public  instruc- 
tion, in  which  he  shall  furnish  a  brief  exhibit- 
First.     Of  his  labors,  the  results  of  his  experience  and  ob- 
servation as  to  the  operation  of  said  system,  and  suggest 
the  remedy  for  observed  imperfections. 

Second.  Of  the  amount  of  the  permanent  school  funds, 
and  their  general  condition  as  to  safety  of  manner  of  in- 
vestment; the  amount  of  revenue  annually  derived  there- 


30  SCHOOL    LAW    OF    INDIANA. 

from,  and  from  other  sources;  estimates  for  the  following 
two  years;  and  the  estimated  value  of  all  other  property  set 
apart  or  appropriated  for  school  purposes. 

Third.  Of  such  plans  as  he  may  have  matured  for  the 
better  organization  of  the  schools,  and  for  the  increase,  safe 
investment,  and  better  preservation  and  management  of 
the  permanent  school  funds  and  for  the  increase  and  more 
economical  expenditure  of  the  revenue  for^  tuition. 

Fourth.  He  shall  present  a  comparison  of  the  results  of 
the  year  then  closing  with  those  of  the  year  next  preceding, 
and,  if  deemed  expedient,  of  years  preceding  that,  so  as  to 
indicate  the  progress  made  in  the  business  of  public  in- 
struction. 

Fifth.  He  shall  furnish  such  other  information  relative 
to  the  system  of  public  instruction — the  schools,  their  per- 
manent funds,  annual  revenues,  etc.,  as  he  may  think  to  be 
of  interest  to  the  general  assembly. 

He  shall  append  to  said  report  statistical  tables,  com- 
piled from  the  materials  transmitted  to  his  office  by  the 
proper  officers,  with  proper  summaries,  averages  and  totals 
appended  thereto.  He  shall  append  a  statement  of  the  semi- 
annual collections  of  school  revenue,  and  his  apportion- 
ment thereof;  and,  when  he  deems  it  of  sufficient  interest  to 
do  so,  he  shall  append  extracts  from  the  correspondence  of 
school  officers,  tending  to  show  either  the  salutary  or  de- 
fective operation  of  the  system  or  of  any  of  its  parts;  and 
shall  cause  ten  thousand  copies  to  be  printed  and  distrib- 
uted to  the  several  counties  of  the  state.  (E.  S.  1908,  §6298.) 

14.  Duties.  124.  He  shall  visit  each  county  in  the 
state  at  least  once  during  his  term  of  office,  and  examine  the 
auditor's  books  and  records  relative  to  the  school  funds  and 
revenues,  with  a  view  to  ascertain  the  amount  and  the 
safety  and  preservation  of  said  funds  and  revenues;  and 
for  that  purpose  he  shall  have  access  to,  and  full  power  to 
require  for  inspection  the  use  of  the  books  and  papers  of 
the  auditor's  office.  Whenever  he  may  discover  that  any 
of  the  school  funds  are  unsafely  invested  and  unproductive 
of  school  revenue,  or  that  any  of  the  school  revenues  have 


SCHOOL    LAW    OF    INDIANA.  31 

been  diverted  from  their  proper  objects,  he  shall  report  the 
same  to  the  general  assembly.  He  shall  meet  with  such 
school  officers  as  may  attend  his  appointment,  counseling 
with  the  teachers,  and  lecturing  upon  topics  calculated  to 
subserve  the  interests  of  popular  education.  (R.  S.  1908, 
§6299.) 

15.  Traveling    expenses.     1:25.     He    shall    receive,    for 
traveling  and  other  expenses  while  traveling  on  the  busi- 
ness of  the  department,  a  sum  not  exceeding  six  hundred 
dollars  per  annum,  and  an  appropriation  of  that  amount  is 
hereby  made  for  that  purpose  annually.   (R.  S.  1908,  §6300.) 

1.  NOTE.  The  traveling  expense  fund  is  by  appropriation  $1,000.00;  the 
ollice  expense  1'und  is  also  $1,000.00. 

16.  Supervision  of  school  funds.     126.    He  shall  exer- 
cise such  super  vision  over  the  school  funds  and  revenues  as 
may  be  necessary  to  ascertain  their  safety,  and  secure  their 
preservation  and   application   to   the   proper   object;   and 
cause  to  be  instituted  in  the  name  of  the  State  of  Indiana, 
for  the  use  of  the  proper  fund  or  revenue,  all  suits  neces- 
sary for  the  recovery  of  any  portion  of  said  funds  or  reve- 
nues.    It  is  hereby  made  the  duty  of  the  proper  circuit 
prosecuting  attorney  to  prosecute  all  such  suits  at  the  in- 
stance of  the  superintendent,  and  without  charge  against 
said  funds  or  revenue.    (R.  S.  1908,  §6301.) 

1.  MAY  EMPLOY  ATTORNEY.  This  section  authorizes  the  state  superin- 
tendent and  auditor  of  state  to  employ  an  attorney  to  collect  a  claim  due 
the  school  fund,  and  their  contract  in  this  behalf  is  the  contract  of  the 
state.— State  v.  Sims,  7G  Ind.  3U8. 

17.  May  require  reports.     127.    He  may  require  of  the 
county  auditors,  county  superintendents,  county  treasurers, 
trustees,  clerks  and  treasurers,   copies  of  all  reports  re- 
quired to  be  made  by  them,  and  all  such  other  information 
in  relation  to  the  duties  of  their  respective  offices,  so  far  as 
they  relate  to  the  condition  of  the  school  funds,  revenues 
and  property  of  the  common  schools  and  the  condition  and 
management  of  such  schools,  as  he  may  deem  important. 
(R.  S.  1908,  §6302.) 


32 


SCHOOL    LAW    OF    INDIANA. 


18.  Blanks  and  forms.  128.  He  may  prepare,  and 
transmit  tc  the  proper  officers,  suitable  forms  and  regula- 
tions for  making  all  reports,  and  the  necessary  blanks  there- 
for, and  all  necessary  instructions  for  the  better  organiza- 
tion and  government  of  common  schools,  and  conducting  all 
necessary  proceedings  under  this  act.  (I\.  S.  1908, 


19.  Forms  of  bookkeeping.     102.    Forms  and  modes  of 
bookkeeping  shall,  from  time  to  time,  be  prescribed  for 
county  auditors  and  county  treasurers  by  the  state  superin- 
tendent of  public  instruction.    (E,  S.  1908,  §6304.) 

20.  Shall  publish  school  laws.   129.    He  shall  cause  as 
many  copies  of  the  acts  of  the  general  assembly  in  relation 
to  the  common  schools  or  the  school  funds,  with  necessary 
forms,  instructions,  and  regulations,  to  be  from  time  to  time 
printed  and  distributed  among  the  school  townships  as  he 
shall  deem  the  public  good  requires.    (R.  S.  1908,  §6305.) 

21.  Journals,  etc.,  to  libraries.    130.    He  shall  supply 
each  common  school  library  with  the  legislative  and  docu- 
mentary journals,  and  the  acts  of  each  session  of  the  gen- 
eral assembly  and  his  own  annual  reports.  At  the  expira- 
tion of  his  term  of  office  he  shall  deliver  to  his  successor 
possession  of  the  office,  and  all  books,  records,  documents, 
papers,  and  other  articles  pertaining  or  belonging  to  his  of- 
fice.  (R.  S.  1908,  §6306.) 

[1899,  p.  448.    Approved  March  4,  1899.    In  force  April  28,  1899.1      . 

.  22.  Certificates  from  other  states.  1.  The  state  super- 
intendent of  public  instruction  may  countersign  the  life 
state  certificate  of  teachers  of  other  states,  when  the  hold- 
ers of  such  certificates  shall  have  furnished  satisfactory 
evidence  of  good  moral  character,  and  experience  and  suc- 
cess in  teaching,  as  is  required  for  life  state  certificates  in 
this  state  ;  and  when  so  countersigned  such  certificates  shall 
be  valid  in  any  of  the  schools  of  this  state  :  Provided,  That 
the  requirements  for  obtaining  the  life  state  certificates  of 
other  states  shall  be  equivalent  to  the  requirements  for  the 
same  certificates  in  this  state.  (K.  S..  1908,  §6312.) 
].  NOTE.  Only  life  state  certificates  can  be  countersigned. 


SCHOOL     I. AAV    OF    INDIA  X  A.  33 

[1903,  p.  291.    Approved  March  9,  1903.     In  force  April  23,  1903.] 

23.  Items  for  success  grades.  1.  The  state  superin- 
tendent of  public  instruction  is  hereby  required  to  pro- 
vide from  time  to  time  such  schedule  of  items  as  should, 
in  his  judgment,  enter  into  the  record  and  grading  in  the 
item  of  a  teacher's  success  by  the  city,  town  and  county 
superintendent  of  schools.  (R.  S.  1908,  §6296.) 


[3—272771 


34  SCHOOL    LAW    OF    INDIANA. 


CHAPTER  III. 

STATE  BOARD  OF  EDUCATION. 


SEC. 

24.  State  board  of  education. 

25.  Duties  and  powers 

26.  State  certificates. 


SBC. 

27.  LicensesVnd  examinations. 

28.  Pay  and  mileage  of  board. 


[1899.  p.  426.    Approved  March  4,  1899.1 

24,  State  board  of  education.  153.  The  governor  of 
the  state,  the  state  superintendent  of  public  instruction,  the 
president  of  the  state  university,  the  president  of  Purdue 
university,  the  president  of  the  state  normal  school,  the  su- 
perintendent of  common  schools  of  the  three  largest  cities 
in  the  state,  and  three  citizens  of  prominence  actively  en- 
gaged in  educational  work  in  the  state,  appointed  by  the 
governor,  at  least  one  of  whom  shall  be  a  county  superin- 
tendent, none  of  whom  shall  be  appointed  from  any  county 
in  which  any  other  member  of  the  state  board  of  education 
resides,  or  from  which  any  other  member  was  appointed, 
shall  constitute  a  board  to  be  denominated  the  Indiana 
state  board  of  education.  The  three  members  to  be  appoint- 
ed by  the  governor  shall  be  appointed  immediately  upon 
the  taking  effect  of  this  act.  One  of  such  members  shall  be 
appointed  for  one  year,  one  for  two  years  and  one  for  three 
years  from  the  date  of  his  appointment,  and  each  of  said 
appointees  shall  serve  until  his  successor  shall  have  been 
appointed  and  qualified;  and  after  the  first  appointment  the 
governor  shall  annually  appoint  one  such  member  to  serve 
for  the  term  of  three  years,  to  take  the  place  of  the  member 
whose  term  shall  have  then  expired;  and  the  governor  shall 
further  have  power  to  fill  all  vacancies  that  may  occur  in 
the  office  of  any  such  member  who  holds  his  office  by  ap- 
pointment from  the  governor.  The  size  of  the  cities  shall, 
for  this  purpose,  be  determined  by  the  enumeration  of  chil- 
dren for  school  purposes  animal ly  reported  by  school  exam- 
iners to  the  superintendent  of  public  instruction.  The  super- 


SCHOOL     I. ANY     OK    INDIANA-,,  35 

intendent  of  public  instruction  shall,  ex  officio,  be  president 
of  the  board,  and  in  his  absence  the  members  present  shall 
elect  a  president  pro  tempore.  The  board  shall  elect  one  of 
its  members  secretary  and  treasurer,  who  shall  have  the 
custody  of  its  records,  papers  and  effects,  and  shall  keep 
minutes  of  its  proceedings:  Provided,  That  such  records, 
papers,  effects  and  minutes  shall  be  kept  at  the  office 
of  the  superintendent,  and  shall  be  open  for  his  inspection. 
The  said  board  shall  meet  upon  the  call  of  the  presi- 
dent, or  a  majority  of  its  members,  at  such  place  in 
the  state  as  may  be  designated  in  the  call,  and  shall  devise, 
adopt  and  procure  a  seal,  on  the  face  of  which  shall  be  the 
words  i '  Indiana  State  Board  of  Education, ' '  and  such  other 
device  or  motto  as  the  board  may  direct,  an  impression  and 
written  description  of  which  shall  be  recorded  on  the  min- 
utes of  the  board  and  filed  in  the  office  of  the  secretary  of 
state,  which  seal  shall  be  used  for  the  authentication  of  the 
acts  of  the  board  and  the  important  acts  of  the  superintend- 
ent of  public  instruction.  (R.  S.  1908,  §6309.) 

[1865.  p.  3.    Approved  March  6,  1865.] 

25.  Duties  and  powers.     154.     Said  board,  at  its  meet- 
ings, shall  perform  such  duties  as  are  prescribed  by  law, 
and  may  make  and  adopt  such  rules,  by-laws  and  regula- 
tions as  may  be  necessary  for  its  own  government,  and  for 
the  complete  carrying  into  effect  the  provisions  of  the  next 
section  of  this  act,  and  not  in  conflict  with  the  laws  of  the 
state,  and  shall  take  cognizance  of  such  questions  as  may 
arise  in  the  practical  administration  of  the  school  system 
not  otherwise  provided  for,  and  duly  consider,  discuss,  and 
determine  the  same.    (R.  S.  1908,  §6310.) 

1.  COUNTY  SUPERINTENDENT.  It  is  the  duty  of  the  county  superintend- 
ent to  carry  out  the  instructions  of  the  state  board  and  state  superintend- 
ent. 

26.  State  certificates.     155.     Said  board  may  grant  state 
certificates  of  qualification  to  such  teachers  as  may,  upon 
a  thorough  and  critical  examination,  be  found  to  possess 
eminent  scholarship  and  professional  ability,  and  shall  fur- 


36  ^SCHOOL    LAW    OF    INDIANA. 

nish  satisfactory  evidence  of  good  moral  character.  They 
shall  hold  stated  meetings,  at  which  they  shall  examine  all 
applicants,  and  those  found  to  possess  the  qualifications 
herein  above  named  shall  receive  such  certificate,  signed  by 
the  president  of  the  board,  and  impressed  with  the  seal 
thereof;  and  the  said  certificate  shall  entitle  the  holder  to 
teach  in  any  of  the  schools  of  the  state  without  further 
examination,  and  shall  also  be  valid  during  the  lifetime  of 
said  holder,  unless  revoked  by  said  board.  Each  applicant 
for  examination  shall,  on  making  application,  pay  to  the 
treasurer  of  the  board  five  dollars  as  a  fee.  (R.  S.  1908, 
§6311.) 

27.  Licenses  and  Examinations.  All  applicants  for  com- 
mon school  or  primary  Licenses  during  the  year  1910— 
either  state  or  county  licenses — may  select  either  one  of 
three  lists  of  questions  on  the  subject  of  Science  of  Educa- 
tion and  of  two  lists  on  the  subject  of  literature.  In  each 
subject,  one  list  will  be  based  upon  the  general  field  of  the 
subject,  the  other  upon  the  reading  circle  book  correspond- 
ing with  it. 

TEACHERS'  LICENSES. 

The  laws  of  Indiana  give  the  power  to  issue  teachers'  licenses  to  the 
State  Board  of  Education,  the  Superintendent  of  Public  Instruction  and  the 
County  Superintendents.  . 

The  State  Bo>ard  of  Education  has  general  control  of  the  entire  sys- 
tem. This  board  prepares  the  uniform  questions  to  be  used  in  the  exam- 
inations, fixes  the  standards  and  arranges  for  licensing  the  teachers  in 
those  subjects  not  provided  for  by  specific  statutes. 

The  general  regulations  relating  to  teachers'  licenses  are  as  follows : 

I.  LICENSES  ISSUED  BY  STATE  BOARD  OF  EDUCATION. 
1.  PROFESSIONAL. 

Valid  for  eight  years  in  any  public  school  of  the  State.  The  examina- 
tion for  this  license  is  held  annually  on  the  last  Saturday  in  February. 
The  subjects  are :  Algebra,  Civil  Government,  American  Literature,  Science 
of  Education,  and  two  of  these  six,  Physics,  Botany,  German,  French 
Spanish  and  Latin. 

To  be  eligible  for  this  examination  the  applicant  must  have  held 
two  thirty-six  months,  a  thirty-six  months  and  a  sixty  months,  or  two 
sixty  months  licenses.  In  addition  he  must  have  had  at  least  forty- 
eight  months'  successful  experience  as  a  teacher. 


SCHOOL    LAW    OF    INDIANA-  37 

Licenses  arc  irnmted  to  those  who  make  a  general  average  of  85% 
and  do  not  fall  below  75%  in  any  subject.  If  the  average  is  85%  or 
more  and  the  grade  in  a  single  subject  is  below  75%  the  applicant  is 
conditioned.  If  a  passing  grade  is  made  in  the  conditioned  subject  at 
the  next  annual  examination,  a  license  is  issued.  No  fee  is  required  for 
this  examination. 

2.     LIFE. 

(a)  General. — Valid  for  life  in  any  public  school  of  the  State.  The 
examination  is  held  annually  in  April  and  is  open  to  those  who  have  met 
successfully  all  the  requirements  for  a  professional  license.  The  sub- 
jects are:  Geometry,  Rhetoric,  General  History,  English  Literature,  Physi- 
•  al  Geography  and  two  of  these  three:  Chemistry,  Geology  and  Zoology. 

The  Professional  license  regulations  as  to  grades  and  conditions 
J'.pply  without  change  to  the  general  life  license. 

The  fee  for  this  examination  is  live  dollars. 

fb)  Special  for  College  Graduates. — Valid  for  life  in  any  public 
school  of  the  State.  The  examination  is  held  annually  in  April.  It  is 
open  to  graduates  of  standard  colleges  who  have  held  one  or  more  sixty 
months  licenses  or  a  Professional  license,  and  who  have  had  thirty 
months'  successful  experience  with  at  least  ten  months  of  it  in  Indiana. 
The  subjects  are  any  three  of  the  following:  General  History  of  Educa- 
tion, The  School  System  and  the  School  Law  of  Indiana,  Educational 
Psychology,  Experimental  Psychology  and  Child  Study,  Leading  School 
Systems  of  Europe  and  America,  Science  of  Education,  and  Principles 
mid  Methods  of  Instruction. 

The  grades  required  are  the  same  as  for  a  Professional  license.  No 
conditions  are  allowed. 

The  regulation  as  to  fee  is  the  same  as  in  the  general  life. 

PLACES  OF  EXAMINATION. 

State  Board  examinations  are  held  annually  on  the  last  Saturdays 
of  February  and  April  at  the  following  places: 

1.  In  the  Department  of  Public  Instruction,   State  House. 

2.  In  the  office  of  the  City  Superintendent  of  Schools,  Ft  Wayne. 

3.  In  the  office  of  the  City  Superintendent  of  Schools,  Evansville. 

4.  In  the  office  of  the  City  Superintendent  of  Schools,  Valparaiso. 

5.  In  the  office  of  the  County  Superintendent  of  Schools,  Richmond. 

6.  In  the  office  of  the  President  of  the  State  Normal  School,  Terre 
Haute. 

7.  In  the  office  of  the  President  of  Purdue  University,  Lafayette. 

8.  In  the  office  of  the  City  Superintendent  of  Schools,  Seymour. 

9.  In  the  office  of  the  President  of  Indiana  University,  Bloomington. 

RULES. 

1.  Write  upon  one  side  of  the  paper  only,  using  legal  cap. 

2.  See  that  the  answers  to  the  questions  in  each  branch  are  entirely 
separate  from  those  of  any  other  branch,  and  securely  fastened  together. 

3.  Write  full  name  and  postoffice  address  upon  each  set  of  answers, 
and  upon  every  sheet  disconnected  from  the  first  one. 


38  SCHOOL    LAW    OF    INDIANA- 

4.     Answer  the  General  Questions  upon  a  separate  sheet. 

6  Furnish  the  examiner  with  a  certified  statement  of  experience  and 
with  three  testimonials  as  to  success. 

6.  Furnish  the  necessary  postage  to  forward  your  manuscript  to  Indi- 
anapolis. 

3.     SPECIAL. 

Valid  for  three  years  to  teach  the  common  branches  in  rural  and  town 
schools.  By  a  law  enacted  in  1907  the  State  Board  of  Education  was  em- 
powered to  provide  a  special  two  years  course  for  teachers.  This  course 
is  given  by  such  accredited  schools  as  make  proper  provision  for  it.  Gradu- 
ates of  this  course  are  permitted  to  teach  without  examination  in  the  rural 
and  town  schools  of  the  State  for  a  period  of  three  years  from  the  date  of 
the  completion  of  the  course.  Teachers  of  this  class  who  desire  to  teach 
in  city  schools  must  pass  the  regular  examination. 

All  two-year  special  course  teachers  without  experience  are  in  Class 
A.  Those  with  one  or  more  years'  experience  are  in  Class  B.  The  salary 
grade  in  Class  A  is  85%,  and  in  Class  B  90%.  Any  teacher  has  the  privi- 
lege of  raising  these  grades  by  examination. 

II.     LICENSES  ISSUED  BY  THE  STATE  SUPERINTENDENT. 
1.     COMMON  SCHOOL. 

(a)  Twelve  Months. — Valid  to  teach  the  common  branches  in  any  pub- 
lic school  of  the  State  for  a  period  of  twelve  months.  All  teachers  who  were 
in  the  profession  prior  to  August,  1908,  are  eligible  for  this  examination. 
Graduates  of  commissioned  or  certified  high  schools  or  the  equivalent,  who 
have  had  at  least  twelve  weks'  normal  training  in  an  accredited  school  are 
also  eligible. 

The  subjects  are:  Arithmetic,  Grammar.  United  States  History,  Physi- 
ology and  Scientific  Temperance,  Geography,  Reading,  Writing,  Spelling. 
Literature,  Science  of  Education,  Drawing  and  Music.  The  grades  in  writ- 
ing and  spelling  are  determined  from  the  manuscript.  An  option  is  given 
to  answer  questions  upon  the  reading  circle  books  of  the  current  year  in- 
stead of  the  analogous  subjects  in  the  required  list.  For  the  year  1911  these 
options  are  allowed):  Science  of  Education  or  How  to  Study.  Physiology 
and  Scientific  Temperance  or  Civics  and  Health.  Drawing  and  Music  are 
optional  subjects  except  in  counties  where  they  are  specifically  required  by 
the  board  of  education.  All  manuscripts  in  Drawing  must  be  upon  drawing 
paper  and  prepared  with  proper  drawing  material.  Grammar  and  Litera- 
ture are  graded  from  0  to  90  on  the  correctness  of  the  answers  and  from  0 
to  10  on  the  quality  of  English  used. 

A  license  is  not  issued  unless  the  general  average  is  85%,  with  no 
grade  below  75%.  A  teacher  holding  this  license  is  in  Class  A. 

Cb)  Twenty-four  Months. — Valid  to  teach  the  common  branches  in  any 
public  school  of  the  State  for  a  period  of  twenty-four  months.  All  teach- 
ers who  had  one  or  more  years'  experience  prior  to  August,  1908,  and  all 
Class  A  teachers  of  one  year's  experience  and  twenty-four  weeks'  normal 
training  in  an  accredited  school  are  eligible  for  this  examination.  The 
subjects  and  conditions  are  the  same  as  in  (a)  above. 


SCHOOL    LAW    OF    INDIANA-  39 

A  license  is  not  issued  unless  the  general  average  is  90%  with  no  grade 
below  80%.  The  general  average  is  one-half  of  the  sum  of  the  average 
scholarship  and  the  success  grades. 

A  teacher  holding  this  license  is  in  Class  B. 

(c)  Thirty-six  Months. — Valid  to  teach  the  common  branches  in  any 
public  school  of  the  State  for  a  period  cf  thirty-six  months.  All  teachers 
who  had  one  or  more  years'  experience  prior  to  August,  1908,  and  all  Class 
A  and  B  teachers  of  three  years'  experience  and  three  years'  normal  train- 
ing in  an  accredited. school  are  eligible  for  this  examination.  The  subjects, 
conditions  and  method  of  determining  general  average  are  the  same  as  in 
(b)  above. 

A  license  is  not  issued  unless  the  general  average  is  95%  with  no  grade 
below  85%.  A  teacher  holding  this  license  is  in  Class  C. 

2.     PRIMARY. 

(a)  Twelve  Months. — Valid  to  teach  the  common  school  branches  in 
grades  one,  two,  three  and  four  of  the  public  schools  of  the  State  for  a 
period  of  twelve  months.     Eligibility,  conditions,  required  grades  and  class 
are  the  same  as  for  twelve  months  common  school.     In  the  subjects  of 
Arithmetic,  Reading,  Grammar  and  Science  of  Education,  applicants  for 
primary  licenses  answer  any  four  of  the  eight  common  school  questions  in 
the  subject,  and  in  addition,  two  questions  relating  to  the  primary  phase  of 
the  subject.     In  the  other  subjects  the  common  school  questions  are  used. 

(b)  Twenty-four  Months. — Valid  to  teach  the  common  school  subjects 
in  grades  one,  two,  three  and  four  of  the  public  schools  of  the  State  for  a 
period  of  twenty-four  months.     The  subjects  are  the  same  as  in   (a)   Pri- 
mary.    All  other  requirements  are  the  same  as  for  a  twenty-four  months 
common  school. 

(c)  Thirty-six  Months. — Valid  to  teach  the  common  school  branches  in 
grades  one,  two,  three  and  four  of  the  public  schools  of  the  State  for  a 
period  of  thirty-six  months.    The  subjects  are  the  same  as  in  (a)  Primary. 
All  other  requirements  are  the  same  as  for  a  thirty-six  months  common 
school. 

3.     HIGH  SCHOOL. 

(a I  Twelve  Months. — Valid  to  teach  the  subjects  designated  in  any 
public  high  school  of  the  State  for  a  period  of  twelve  months.  The  eligibil 
ity  and  grade  requirements  are  precisely  the  same  as  for  a  twelve  months 
common  school. 

The  subjects  are:  Science  of  Education,  Latin,  German,  French,  Span- 
ish, Literature  and  Composition,  History  and  Civics,  Physical  Geography, 
Commercial  Geography,  Zoology,  Botany,  Physics,  Chemistry,  Commercial 
Arithmetic,  Algebra,  Geometry,  Bookkeeping  and  Stenography.  All  appli- 
cants must  pass  upon  Science  of  Education.  From  the  list  of  other  sub- 
jects the  applicant  selects  those  he  expects  to  teach.  An  applicant  may 
have  a  license  if  he  makes  the  required  grades  and  average  on  a  majority 
of  the  subjects  attempted.  Since  the  Science  of  Education  is  required  of 
all,  it  is  not  counted  in  determining  the  majority  referred  to  in  the  previ- 
ous sentence.  In  nil  Literature  examinations  the  manuscript  is  graded 
from  0  to  75  on  correctness  of  answers  and  from  0  to  25  on  the  quality  of 
English  used. 


40  SCHOOL   LAW    OF   INDIANA- 

(b)  Twenty-four  Months. — Valid  to  teach  the  subjects  designated  in 
any  public  high  school  of  the  State  for  a  period  of  twenty-four  months. 
The  eligibility  and  grade  requirements  are  precisely  the  same  as  for  a 
twenty-four  months  common  school.    This  license  may  be  issued  upon  any 
number  of  subjects  provided  one  of  them  is  the  Science  of  Education. 

(c)  Thirty-six  Months. — Valid  to  teach  the  subjects  designated  in  any 
public  high  school  of  the  State  for  a  period  of  thirty-six  months.     The 
eligibility  and  grade  requirements  are  precisely  the  same  as  for  a  thirty- 
six  months  common  school.    This  license  may  be  issued  upon  any  number 
of  subjects,  provided  one  of  them  is  Science  of  Education. 

(d)  Sixty  Months. — Valid  to  teach  the  common  branches  in.  any  public 
school  of  the  State,  the  licensed  high  school  subjects  in  any  certified  or 
commissioned  high  school  and  any  high  school  subject  in  other  high  schools, 
for. a  period  of  sixty  months.    To  be  eligible  for  this  examination  the  appli- 
cant must  hold  a  thirty-six  months  license  issued  during  the  current  ex- 
amination year. 

The  subjects  of  this  examination  are  arranged  in  five  groups  with  re- 
quirements as  indicated. 

I.     Literature  and  Composition.     (Required.) 
II.     Algebra  or  Geometry.     (One  required.) 
III.     Botany,    Zoology,    Chemistry,    Physics,    or    Physical    Geography. 

(One  required.) 
IV.     History  and  Civics,  Latin,  German,  French  or  Spanish.      (One 

required. ) 

V.  One  subject  not  already  taken,  to  be  selected  from  II,  III  or  IV. 
Five  subjects  selected  in  compliance  with  the  above  grouping  are  re- 
quired. When  taking  the  examination  the  applicant  may,  if  he  chooses, 
write  upon  additional  subjects  and  have  the  grades  entered  upon  his  li- 
cense. To  secure  this  license  the  average  upon  the  high  school  subjects 
must  be  85%  with  no  grade  below  75%.  The  grades  of  the  thirty-six 
months  license  required  for  eligibility  will  be  entered  upon  the  sixty 
months  license. 

4.     SUPERVISORS. 

These  licenses  are  issued  for  twelve,  twenty-four  and  thirty-six  months. 
The  eligibility  and  average  requirements  are  the  same  as  for  other  licenses 
of  these  grades. 

(a)  Music. — Valid  to  supervise  and  teach  music  in  any  of  the  public 
schools  of  the  State  for  the  period  designated.  All  persons  meeting  the 
eligibility  requirements  for  a  twelve  months  common  school  may  take  this 
examination.  Applicants  who  are  not  high  school  graduates  or  the  equiva- 
lent must  be  examined  in  Literature  and  Composition,  Arithmetic,  United 
States  History  and  Physiology  and  Scientific  Temperance.  In  these  sub- 
jects the  average  must  be  85%  with  no  grade  below  75%.  Applicants  who 
have  not  had  the  normal  training  may  offer  in  lieu  of  it  a  course  of  one 
year  or  more  in  some  approved  school  of  music.  No  license  will  be  issued 
unless  the  grade  in  Music  is  85%  or  more.  The  examination  is  held  in 
each  county  of  the  State  on  the  last  Saturday  of  April,  May,  July  and 
August. 


SCHOOL    LAW    OF    INDIANA-  41 

(b)  Art. — Valid  to  supervise  and  teach  art  in  any  of  the  public  schools 
of  the  State  for  the  period  designated.    All  the  rules  and  regulations  per- 
taining to  music  apply  here  if  for  the  word  music  the  word  art  is  sub- 
stituted. 

(c)  Manual  Training. — Valid  to  supervise  and  teach  manual  training 
in  any  of  the  schools  of  the  State  for  the  period  designated.    All  the  rules 
and  regulations  pertaining  to  music  apply  here  if  for  the  word  music  the 
words  manual  training  are  substituted. 

(a)  Sewing. — Valid  to  supervise  and  teach  sewing  in  any  of  the  public 
schools  of  the  State  for  the  period  designated.  All  the  rules  and  regula- 
tions pertaining  to  tnusic  apply  here  if  for  the  word  music  the  word  sewing 
is  substituted. 

(e)  Cooking. — Valid  to  supervise  and  teach  cooking  in  any  of  the  public- 
schools  of  the  State  for  the  period  designated.     All  the  rules  and  regula- 
tions pertaining  to  music  apply  here  if  for  the  word  music  the  word  cook- 
ing is  substituted. 

(f)  Physical  Education. — Valid  to  supervise  and  teach  Physical  Educa- 
tion in  any  of  the  public  schools  of  the  State  for  the  period  designated.    All 
the  rules  and  regulations  pertaining  to  music  apply  here  if  for  the  word 
music  the  words  Physical  Education  are  substituted. 

5.     KINDERGARTEN. 

Valid  to  teach  for  the  period  designated  in  the  kindergarten  schools 
of  the  State  that  are  supported  in  whole  or  in  part  by  public  funds.  The 
subjects  in  the  examination  are  kindergarten  theory  and  practice,  music, 
(1  r:1. wing  and  English.  Any  one  eligible  to  any  of  the  other  examinations 
is  eligible  to  this.  The  licenses  will  be  issued  for  twelve,  twenty-four  and 
thirty-six  months  under  the  rules  applying  to  other  licenses  of  these 
grades. 

6.     BY  VALIDATION. 

(a)  Life  License. — A  life  license  from  another  State  that  has  been 
granted  upon  an  examination  equivalent  to  the  life  license  examination 
in  Indiana  may  be  countersigned  by  the  Superintendent  of  Public  Instruc- 
tion. When  so  signed,  it  becomes  valid  for  life  in  any  of  the  public  schools 
of  the  State. 

(~b)  State  Normal  Diplomas.— A  State  Normal  diploma  that  represents 
three  full  years'  normal  school  work,  preceded  by  four  years'  high  school 
work,  may  be  countersigned  by  the  Superintendent  of  Public  Instruction, 
provided  the  holder  of  it  has  taught  successfully  for  two  years  since  grad- 
uation. When  so  signed  it  becomes  valid  for  life  in  any  of  the  public 
schools  of  the  State. 

III.     LICENSES   ISSUED   BY  THE  COUNTY   SUPERINTENDENT. 
1.     COMMON  SCHOOL. 

(a)  Twelve  Months. 

(b)  Twenty-four  Months. 

(c)  Thirty-six  Months. 


42  SCHOOL    LAW    OF    INDIANA. 

2.     PRIMARY. 

(a)  Twelve  Months. 

(b)  Twenty-four  Month*. 

(c)  Thirty-six  Months. 

3.     HIGH  SCHOOL. 

(a)  Twelve  Months. 

(b)  Twenty-four  Months. 

(c)  Thirty-six  Months. 

All  rules,  regulations  and  requirements  are  the  same  for  licenses  issued 
by  the  county  superintendent  as  for  similar  licenses  issued  by  the  State 
Superintendent,  except  that  the  former  are  good  only  in  the  county  of  issue. 

4.     EXEMPTIONS. 

County. — Valid  to  teach  in  any  of  the  common  schools  of  the  county 
in  which  it  is  issued  so  long  as  the  holder  remains  continuously  in  the 
service. 

This  license  is  issued  by  the  county  superintendent  to  the  holder  of  a 
thirty-six  months  license  who  has  had  six  or  more  years'  experience.  It  is 
valid  only  in  the  county  of  issue  and  can  be  issued  only  in  the  county  that 
granted  the  thirty-six  months  license. 

State. — Issued  to  holders  of  a  thirty-six  months  state  license.  Eligi- 
bility requirements  are  the  same  as  for  county  exemption. 

IV.      LICENSES   ISSUED   BY   THE   STATE   NORMAL  SCHOOL. 

1.     LIFE. 

The  State  Normal  School  is  empowered  by  law  to  grant,  two  years 
after  graduation,  to  all  of  its  graduates  who  have  given  satisfactory  evi- 
dence of  professional  ability  to  instruct  and  manage  a  school,  diplomas 
which  entitle  them  to  teach  for  life  in  any  of  the  schools  of  the  State. 
Until  they  have  had  two  years'  successful  experience  after  graduation 
State  Normal  graduates  must  submit  to  examination  the  same  as  all  other 
teachers. 

SUCCESS  GRADE. 

All  teachers  of  one  or  more  years'  experience  must  have  a  suet-ess 
grade. 

"It  shall  be  the  duty  of  the  city,  town  and  county  superintendents  of 
schools  to  visit  each  year  the  teachers  under  their  charge  and  supervision, 
and  from  personal  inspection  and  otherwise  make  an  itemized  statement 
and  grading  of  the  success  of  each  teacher  under  their  charge." 

Each  teacher  must  be  furnished  with  a  signed  copy  of  his  success 
grade  not  later  than  July  first  of  each  year.  The  county  superintendent 
must  keep  in  his  office  a  permanent  record  of  all  success  grades.  A  success 
grade  is  legal  from  July  1  to  June  30  of  the  following  year.  In  case  a 
teacher  ceases  teaching  for  a  year  or  more,  his  success  grade  upon  begin- 
ning again  is  that  of  his  last  year's  experience 

Schedule  of  Success  Items. — All  superintendents  Are  required  by  law 
to  use  the  following  scheme  in  determining  the  success  grade: 


SCHOOL    LAW    OF    INDIANA-  43 

THE  TEACHER    100% 

A.  Teaching  Power 46% 

Many  items  enter  into  this,  but  the  principal  ones 
are  preparation  of  lesson,  skill  in  presentation,  and 
results  attained. 

B.  Government    35% 

The  teacher's  power  in  government  is  shown  in 
the  general  spirit  of  the  schools,  and  in  the  atti- 
tude the  pupils  take  toward  their  daily  tasks,  to- 
ward each  other  and  toward  the  school  property. 

C.  General  Characteristics  20% 

Under  this  head  the  personality  of  the  teacher, 
his  professional  and  community  interest,  and  all 
those  qualities  that  make  the  best  citizenship  should 
be  considered. 

OTHER  EXAMINATIONS. 
I.  BY  THE  STATE  BOARD  OF  EDUCATION. 

1.  High  School  Equicah'itc!/.-  -This  examination  is  for  the  benefit  of 
those  who  have  not  bad  a  regular  high  school  course  in  a  certified  or  com- 
missioned school.  The  examination  is  held  by  the  county  superintendent 
but  the  papers  are  marked  by  the  State  Board  of  Education.  Success  in 
this  examination  qualifies  for  the  Normal  Training.  The  questions  and 
requirements  are  as  follows: 

First  Division. — Last  Saturday  of  January,  March,  May  and  Jul.v 

Six  questions  in  Algebra. 

Six  questions  in  Latin  or  German. 

Six  questions  in  Botany  or  Zoology. 

Fourteen  questions  in  English. 
Second  Division.— Last  Saturday  of  February,  April,  June  and  August. 

Eight  questions  in  Geometry. 

Six  questions  in  Physics  or  Chemistry. 

Ten  questions  in  General  History  and  Civics. 

Six  questions  in  Physical  Geography. 

A  passing  grade  is  a  general  average  of  85%,  with  no  grade  below  75%. 
An  applicant  making  the  required  average  and  falling  below  in  no  more 
than  one  subject  in  each  division  may  be  conditioned.  This  condition  may 
be  removed  at  some  subsequent  examination  within  the  same  calendar  year. 
Both  divisions  of  this  examination  must  be  taken  in  one  calendar  year. 

II.     BY   THE   COUNTY    SUPERINTENDENT. 

1.  Special  for  Teachers. — In  case  of  scarcity  of  teachers,  a  township 
trustee  or  a  school  board  may  s<?rve  the  county  sui>erintendent  with  a  writ- 
ten request  for  a  special  examination.  The  county  superintendent  then 
makes  public  announcement  of  the  time  and  place  of  such  examination  and 
secures  from  the  State  Board  of  Education  questions  for  the  same.  All 
the  rules  and  regulations  relating  to  regular  examinations  apply  without 
change  to  the  special  examinations.  Special  examinations  should  be  dis- 
couraged. 


44  SCHOOL   LAW    OF   INDIANA. 

2.  For  Common  School  Graduation. — In  March,  April  and  May  counry 
superintendents  are  required  by  law  to  "provide  for  the  examination  of  al! 
applicants  for  graduation  in  the  common  branches  from  township,  district 
or  town  schools." 

Questions  for  these  examinations  are  prepared  by  a  committee  of  su- 
perintendents appointed  by  the  County  Superintendents'  Association. 

• 
NOTES. 

1.  All  the  examination  questions  for  licenses  and  equivalency  are  pre- 
pared by  the  State  Board  of  Education. 

2.  All  examinations  except  those  otherwise  noted  are  held  by  the 
County  Superintendents.     These  examinations  occur  on  the  last  Saturday 
of  each  of  the  first  eight  months  of  the  year. 

3.  The  State  Superintendent  does  not  hold  examinations. 

4.  Applicants  desiring  a  license  good  in  all  counties  of  the  State  must 
send  their  manuscripts  to  the  Department  of  Public  Instruction.    A  fee  of 
one  dollar  must  accompany  the  manuscript.     This  fee  entitles  the  sender 
to  three  trials  unless  a  license  is  made  on  the  first  or  second  trial.     The 
fee  is  required  for  all  licenses  issued  by  the  State  Superintendent;    com- 
mon school,  primary,  high  school,  supervisors  and  kindergarten.    An  appli- 
cant who  writes  upon  more  than  one  supervisor  list  must  pay  one  dollar 
for  each  list  taken. 

5.  Manuscripts  sent  to  the  State  Superintendent  must  be  desiginitert 
by  number.    A  manuscript  containing  the  author's  name  will  not  be  graded. 

6.  Except  in  the  Sixty  Mouths  examination  the  applicant  cannot  des- 
ignate the  grade  of  license  desired  but  must  accept  whatever  license  his 
grades  and  eligibility  allow. 

7.  All  licenses  issued  by  the  State  Superintendent  are  delivered  to 
the  applicant  by  the  superintendent  of  the  county  in  which  the  examina- 
tion was  taken. 

8.  At  the  beginning  of  each  examination  all  strangers  must  be  identi- 
fied both  as  to  given  and  surnames.    Those  who  come  from  other  counties 
should  present  written  permission  from  their  home  county  and  state  li- 
censes. 

9.  The  power  to  revoke  all   county  and  state  licenses  rests   in  the 
county  superintendent.     The  causes  for  revocation   are  incompetency,  im- 
morality, cruelty  or  general  neglect  of  the  business  of  the  school. 

[1873,  p.  68.    Approved  March  8, 1873.] 

28.  Pay  and  mileage  of  board.  156.  The  members  of 
said  board,  other  than  the  governor  and  state  superintend- 
ent of  public  instruction,  shall  be  entitled  to  receive  for 
their  services,  while  actually  engaged  in  the  duties  of  their 
office,  five  dollars  per  day  and  five  cents  per  mile  necessarily 
traveled  while  so  engaged;  which  amount  shall  be  certified 
by  the  board  to  the  auditor  of  the  state,  who  shall  draw  his 
warrant  therefor,  payable  out  of  the  general  fund,  which 


SCHOOL    LAW    OF    INDIANA.  45 

sum  shall  be  reimbursed  to  the  general  fund  by  the  treas- 
urer of  the  board  paying  into  it  that  amount  out  of  the 
money  received  by  him  as  fees  for  certificates;  and  if  there 
be  any  residue  of  money  received  as  such  fees,  it  shall  be 
expended  by  the  superintendent  of  public  instruction  in  the 
purchase  of  suitable  books  for  an  office  library.  Said  board 
shall  be  allowed  the  necessary  expenses  incurred  in  the  dis- 
charge of  the  duties  required  of  the  same,  for  clerk  hire, 
postage,  etc.;  which  expenses  shall  be  paid  as  the  expenses 
of  the  members  of  the  board  are  paid.  (R.  S.  1908,  §6319.) 


46 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  IV. 


COUNTY  SUPERINTENDENT. 


29.  County  superintendent. 

30.  Impeachment. 

31.  Eligibility. 

32.  Salary. 

33.  Traveling  expenses. 

34.  Assistant. 

35.  General  duties. 

36.  Cities  exempt  from  superintendence. 

37.  Examinations  for  graduations. 

38.  Shall  examine  teachers. 

39.  Record  book — Report  to  State  Sup't. 

40.  May  revoke  license. 

41.  Office— Supplies. 

42.  Traffic  in  examination  questions. 

43.  State  license. 


SEC. 

44.  Record  of  examination. 

45.  Items  for  success  grades. 

46.  Superintendents  furnish  items. 

47.  Issuance  and  record  of  success  statement 

48.  Appeal  from  statement. 

49.  When  must  enumerate. 

50.  Annual  reports. 

51.  Apportionment — Report. 

52.  Duty  as  to  school  fund. 

53.  Duty  as  to  interest  and  loss,  school  fund. 
57.  Appeals  from  township  trustees. 

55.  Appeals  from  County  Superintendent 

56.  Interest  in  private  normal  school. 

57.  Penalty. 

58.  Duty  of  Prosecuting  Attorney. 


[1899,  p.  240.    Approved  March  3,  1899.] 

29.  Schools — County  Superintendent — Election — Term. 
1.  The  township  trustees  of  each  county  of  this  state  shall 
meet  at  the  office  of  the  auditor  of  their  county  on  the  first 
Monday  in  June,  1911,  at  10  o'clock  a.  m.,  and  every  four 
years  thereafter,  and  elect  by  ballot  a  county  superintendent 
for  their  county.  Such  county  superintendent,  unless  sooner 
removed,  shall  hold  his  office  until. his  successor  is  elected 
and  qualified.  Before  entering  upon  the  duties  of  his  office 
he  shall  subscribe  and  take  an  oath  to  perform  faithfully 
such  duties  according  to  law;  which  oath  shall  be  filed  with 
the  county  auditor.  He  shall  also  execute  a  bond,  to  the 
approval  of  the  county  auditor,  payable  to  the  State  of  In- 
diana, in  the  penal  sum  of  five  thousand  dollars,  conditioned 
upon  the  faithful  discharge  of  his  duties,  according  to  law, 
and  faithfully  to  account  for  and  pay  over  to  the  proper 
persons  all  moneys  which  may  come  into  his  hands  by  vir- 
tue of  such  office.  As  soon  as  such  bond  be  filed,  the  county 
auditor  shall  report  the  name  and  postoffice  of  the  person 
so  elected  to  the  state  superintendent  of  public  instruction. 
Whenever  a  vacancy  may  occur  in  the  office  of  county  su- 
perintendent the  said  township  trustees,  oh  at  least  three 


SCHOOL    LAW    OF    INDIANA- 


47 


days'  notice  given  by  the  county  auditor,  shall  assemble  at 
10  o'clock  a.  m.,  on  the  day  designated  in  such  notice,  at 
the  office  of  such  auditor,  and  fill  such  vacancy  by  ballot  for 
the  unexpired  term.  In  all  elections  of  a  county  superin- 
tendent the  county  audtor  shall  be  the  clerk  of  such  election; 
and  in  case  of  a  tie  vote  the  auditor  shall  cast  the  deciding 
vote.  In  case  any  one  candidate  shall  receive  a  number  of 
votes  equal  to  one-half  of  all  of  the  trustees  of  the  county, 
then  the  county  auditor  shall  then  and  at  all  subsequent 
ballots  cast  his  vote  with  the  trustees  until  some  candidate 
shall  receive  a  majority  of  all  the  votes  in  the  county,  in- 
eluding  the  county  auditor.  Such  auditor  shall  keep  a 
lecord  of  such  election  in  a  book  kept  for  that  purpose.  (K. 
S.  1908,  §6376  as  amended  1911,  p.  28.) 

[1899,  p.  240.    Approved  March  3, 1899.] 

30.  Impeachment.  2.  Any  county  superintendent  may 
be  impeached  for  immorality,  incompetency  or  general  neg- 
lect of  duty,  or  for  acting  as  agent  for  the  sale  of  any  text- 
book, school  furniture,  maps,  charts  or  other  school  sup- 
plies, and  such  impeachment  proceedings  shall  in  all  things 
be  governed  by  the  provisions  of  law  now  in  force  for  im- 
peaching county  officers.  (R,  S.  1908,  §6377.) 

1.  STATUTE.     For  the  statutes  concerning  impeachment  of  officers,  see 
K.  S.  1908,  §9648. 

2.  MEETING  OF  TRUSTEES.     The  trustees  may  be  compelled  by  manda- 
mus to  meet  and  elect  a  county  superintendent,  but  they  can  not  be  com- 
pelled to  elect  a  particular  person  to  the  office.     If  they  fail  to  meet  on 
the  proper  day,  they  may  thereafter  meet  and  elect  such  officer. — Wampler 
v.  State,  148  Ind.  557 ;  Sacket  v.  State,  74  Ind.  480.     State  v.  Harrison.  G7 
Ind.  71,  is  overruled  by  Wampler's  case. 

3.  MODE  OF  ELECTION.     The  auditor  has  a  right  to  act  as  the  clerk  of 
the  board  of  election,  keep  a  record  of  the  same,  and  give  the  casting  vote 
in  case  of  a  tie.    The  auditor's  declaring  a  person  elected  does  not  amount 
to  anything;  he  has  no  right  to  make  such   declaration.     It  is  the  duty 
of  the  board  of  trustees  to  do  that,  and  until  they  finally  settle  the  matter 
a  member  has  a  right  to  vote. — State  v.  Kilroy,  86  Ind.  118. 

4.  WOMEN.  ELIGIBLE.     Any  woman,  married  or  single,  possessing  the 
qualifications  prescribed  for  men,  shall  be  eligibie  to  any  office  under  the 
general  or  special  school  laws  of  this  state.     Burns  R.  S.  1908,  Sec.  6672. 

5.  DISPUTED  ELECTION.     The  qualifying  of  the  appointee  consists  in  the 
execution  and  acceptance  of  the  required  bond,  and  taking  and  subscrib- 
ing the  oath  of  office.     A  person  who  has  received  the  certificate  of  appoint- 


48  SCHOOL    LAW    OF   INDIANA. 

ment  and  taken  the  above  action  is  county  superintendent,  at  least  de 
facto.  If  the  validity  of  the  appointment  is  disputed,  the  right  to  the  office 
may  be  tested  by  a  writ  of  quo  warranto  against  one  of  the  claimants. 

6.  JUDICIAL  NOTICE.     Courts  take  judicial  notice  of  the  year  in  which 
county  superintendents  are  to  be  elected.— Wampler  v.  State,  148  Ind.  557. 

7.  LENGTH  OF  TERM.     A  county  superintendent,  properly  elected  and 
qualified,  holds  his  office  until  his  successor  is  elected  and  qualified. — State 
v.  Sutton,  99  Ind.  300. 

8.  RECORD   OF  ELECTION.     The   record  of   a   superintendent's  election, 
made  by  the  county  auditor,  is  prima  facie  correct,  and  is  prirna  facie  evi- 
dence of  such  election.— State  v.  Sutton,  99  Ind.  300. 

9.  ELECTION  BY  BALLOT.     In  a  suit  regarding  the  validity  of  an  elec- 
tion the  ballots  are  the  best  evidence,  but  when  they  have  been  lost,  it  is 
proper  for  the  jury  or  court  to  consider  the  testimony  of  trustees  who  cast 
the  ballots,  and  of  those  svho  counted  them  and  announced  the  result — 
State  v.  Sutton,  99  Ind.  300. 

10.  ACQUIESCENCE  IN  ELECTION.     Where  the  trustees  agreed  that  the 
election  should  be  by  ballot,  adhered  to  that  mode  throughout,  and  at  the 
time   the   result    was    announced    supposed    the    result   was    correctly    an- 
nounced, it  was  decided  by  the  court  that  an  adjournment  without  an  ob- 
jection was  not  an  acquiescence  in  the  result,  and  that  such  action  did  not 
amount  to  an  acquiescence  in  the  result. — State  v.   Sutton,  99  Ind.  3UO. 
Without,  however,  regard  to  whether  the  votes  of  a  majority  of  all  the 
school  trustees  are  necessary  to  the  valid  appointment  of  a  county  super- 
intendent, where  such  trustees  recognize  the  appointment  as  valid,  and  the 
appointee  qualifies  and  enters  upon  the  duties  of  the  office  with  the  acqui- 
escence of  all  others,  he  may  compel  his  predecessor  to  deliver  the  records 
of  the  office  to  him.— McGee  v.  State,  103  Ind.  444. 

11.  MANDAMUS.     Mandamus  is  the  proper  remedy  to  compel  a  super- 
intendent to  turn  over  the  records  and  furniture  of  the  office  to  hi&  suc- 
cessor.—McGee  v.  State,  103  Ind.  444. 

12.  RESIGNATION.     Where,    without    notice   of   the   withdrawal    of    a 
resignation  previously  made,  the  time  arrives  for  it  to  take  effect,  and  a 
successor  to  the  incumbent  is  duly  appointed,  no  formal  acceptance  of  such 
resignation  is  necessary  to  deprive  such  incumbent  of  title  to  the  office. — 
McGee  v.  State,  103  Ind.  444. 

13.  REGULARITY  OF  APPOINTMENT.     One  can  not  contest  the  regularity 
of  the  appointment  of  a  successor,  who  has  become  invested  with  an  ap- 
parent title,  by  refusing  to  surrender  the  records  of  the  office. — McGee  v. 
State,  103  Ind.  444. 

14.  TRUSTEES  PRESENT  AND  NOT  VOTING.     There  were  eight  trustees,  all 
there  were  in  the  county,  present.     Four  voted  for  A,  and  the  other  four 
declined  to  vote.     The  chairman  announced  that  the  vote  was  a  tie,  and 
the  auditor  then  voted  tor  A,  and  the  chairman  declared  him  elected.     A 
qualified  and  demanded  the  office.    It  was  decided  that  he  was  duly  elected ; 
that  there  was  a  quorum  present  ;  that  he  received  the  votes  of  all  those 
present  and  voting,  which  was  a  majority  of  the  number  necessary  to  con- 
stitute a  quorum,  and  that  he  received  the  necessary  number  without  the 
vote  of  the  auditor,  who  would  only  be  entitled  to  vote  in  case  of  a  tie. — 
State  v.  Dillon,  125  Ind.  65. 


SCHOOL    LAW    OF    INDIANA.  49, 

15.  AUDITOR  VOTING.     Township  trustees  met  at  the  time  required  by 
statute;  several   ineffectual  votes  were  taken,  and  on  the  last  ballot  one- 
half  of  the  trustees  voted  for  E,  and  the  others  voted  blanks.     A  resolu- 
tion was  then  offered  declaring  that  E  be  appointed.     The  vote  ou  this 
resolution    was    evenly    divided    for    and    against    it.     The  auditor  then 
gave  si  casting  vote  for  the  resolution  and  a  certificate  of  election  was 
issued  to  E.     it  was  held  that  the  election  of  E  was  void. — State  v.  Ed- 
wards, 114  Ind.  581.   This  case,  however,  has  been  modified  by  the  decision 
in  the  case  cited  in  note  IT,  and  it  was  overruled  in  State  v.  McFarland. 
149  Ind.  2G(J,  where  it  was  decided  that  the  county  auditor  is  authorized 
to  give  the  casting  vote  in  case  of  a  tie  in  all  instances,  regardless  of  the 
method  adopted  in  voting.    Now  the  election  must  be  by  ballot. 

16.  FILING  BOND.     Mere  failure  to  file  the  bond  within  the  time  re- 
quired by  law  does  not  render  the  office  vacant. — Board  v.  Johnson,  124 
Ind.  145. 

The  auditor  can  not  refuse  to  approve  the  bond  on  the  ground  that 
the  superintendent  was  corruptly  elected. — State  vv  Board,  124  Ind.  554. 

17.  WHEN  MAY  BE  REMOVED.     Formerly  a  county  superintendent  could 
be  removed  at  a  special  term  of  the  board  of  county  commissioners. — Huf- 
forcl  v.  Conover,  139  Ind.  151.    But  now  he  must  be  removed  by  impeach- 
ment in  the  circuit  court. — Sec.  93. 

18.  TRUSTEE  INCOMPETENT.     The  election  of  a  county  superintendent 
can  not  be  declared  illegal  on  the  ground  that  a  trustee,  whose  vote  he  re- 
ceived, and  which  was  necessary  to  his  election,  was  incompetent  to  hold 
the  office  of  trustee. — State  v.  Crowe,  150  Ind.  455. 

19.  NOT  A  JUDICIAL  OFFICE.     The  office  of  county  superintendent  is  not 
a  judicial  office.— Branaman  v.  Hinkle,  137  Ind.,496. 

20.  NOTICE  OF  MEETING.     Tire  trustees  meet  for  a  regular  election  by 
command  of  the  statute,  not  by  virtue  of  the  auditor's  call ;  but  it  is  proper 
for  the  auditor  to  notify  them  of  the  time  of  the  meeting.     On  the  occur- 
rence of  a  vacancy  the  auditor  notifies  the  trustees  of  the  fact  and  fixes 
the  day  for  them  to  assemble  to  fill  it. 

21.  RECONSIDERATION  OF  ELECTION  OR  VOTE.     If  an  election  results,  and 
is  duly  declared,  the  right  of  the  person  elected  is  consummated,  and  he 
can  not  be  deprived  of  his  office  by  the  subsequent  action  of  the  board.— 
Michener,  Atty.-Gen. 

22.  TIE.     A  tie  means   that  two  opposing  candidates   have  each    an 
equal  number  of  votes.— Baldwin,  Atty.-Gen.     See  notes  15  and  16. 

23.  RECOGNITION  BY  STATE  SUPERINTENDENT.     It  is  made  the  duty  of 
the  county  auditor  to  report  to  the  superintendent  of  public  instruction 
the  name  and  address  of  the  person  appointed.    That  is  the  means  provided 
by  law   for   informing  the  state  superintendent  who  has  been  appointed 
and  he  has  no  power  to  decide  upon  the  validity  of  an  election  on  informa- 
tion furnished  from  other  sources,  evidence  aliunde.     That  is  a  question 
for  the  courts. 

24.  DISPUTED  ELECTION.     The  qualifying  of  the  appointee  consists  in 
the  execution  and  acceptance  of  the  required  bond,  and  taking  and  sub- 
scribing the  oath  of  office.     A  person  who  has  received  the  certificate  of 
appointment  and  taken  the  above  action  is  county  superintendent,  at  least 

[4  -27277] 


50  SCHOOL    LAW    OF    INDIANA- 

de  facto.  If  the  validity  of  the  appointment  is  disputed,  the  issues  may 
be  joined  by  an  action  to  replevin  the  records  and  properties  of  the  office 
or  by  a  writ  of  quo  warranto  against  one  of  the  claimants. 

25.  OFFICER   DE  JURE.     When   a   new   superintendent   is   elected   and 
qualified,  all  acts  of  his  predecessor  are  void,  which  are  performed  there- 
after.— Hord,  Atty.-Gen. 

26.  CITY  AND  TOWN  BOARDS.     The  president  of  city  and  town  school 
boards  can  not  participate  in  the  election  of  a  county  superintendent. — 
Hord,  Atty.-Gen. 

27.  WHEN  MAY  TAKE  OATH  AND  FILE  BOND.     The  newly  elected  county 
superintendent  may  file  his  bond  and  take  the  oath  of  office  as  soon  as  he 
is  elected. 

28.  TIE  VOTE.     If  there  be  six  trustees,  and  A  receives  three  votes,  and 
B,  C  and  D  one  each,  then  there  is  no  "tie,"  as  no  one  has  received  an  equal 
number  of  votes  with  A ;  in  that  event  the  county  auditor  can  not  vote. 

[1911,  p,  156.    Approved  March  2,  1911.1 

31.  County  Superintendent — Qualifications,    1.    That  no 
person  shall  be  eligible  to  or  shall  hold  the  office  of  county 
superintendent,  who  has  not  been  actively  engaged  in  school 
work  for  a  period  of  not  less  than  two  years  out  of  the  ten 
years  next  preceding  his  election,  and  hold  at  the  time  of 
his  election,  either  three  years  state  license,  a  sixty  months 
license,  a  life  or  professional  license,  granted  upon  exam- 
ination as  now  provided  by  law.. 

32.  Salary  in  the  Several  Counties.     2.     The  county  su- 
perintendent shall  receive  a  salary  for  his  services  as  fol- 
lows:   Adams  county,  $1,408.50;    Allen  county,  $1,408.50; 
Bartholomew  county,  $1,408.50;   Benton  county,  $1,408.50; 
Blackford    county,    $1,408.50;     Boone    county,    $1,408.50; 
Brown   county,   $900.00 ;    Carroll   county,   $1,400.00;    Cass 
county,  $1,408.50;    Clark  county,  $1,408.50;    Clay  county, 
$1,408.50;     Clinton    county,    $1,408.50;     Crawford    county, 
$1,400.00;    Daviess   county,    $1,408.50;     Dearborn    county, 
$1,408.50;     Decatur    county,    $1,408.50;     Dekalb    county, 
$1,408.50;     Delaware    county,    $1,408.50;     Dubois    county, 
$1,408.50;     Elkhart    county,    $1,408.50;     Fayette    county, 
$1,408.50;     Floyd    county,    $1,408.50;     Fountain    county, 
$1,408.50;     Franklin    county,    $1,408.50;     Fulton    county, 
$1,408.50;      Gibson     county,     $1,408.50;      Grant     county, 
$1,408.50;     Greene    county,    $1,408.50;     Hamilton    county, 
$1,408.50;     Hancock    county,   $1,408.50;    Harrison   county, 


SCHOOL    LAW    OF    INDIANA-  .  51 

$1,408.50;  Hendricks  county,  $1,408.50;  Henry  county, 
$1,408.50;  Howard  county,  $1,408.50;  Huntington  county, 
$1,408.50;  Jackson  county,  $1,408.50;  Jasper  county, 
$1,408.50;  Jay  county,  $1,408.50;  Jefferson  county, 
$1,408.50;  Jennings  county,  $1,408'.50;  Johnson  county, 
$1,408.50;  Knox  county,  $1,408.50;  Kosciusko  county, 
$1,408.50;  Lagrange  county,  $1,408.50;  Lake  county, 
$1,408.50;  Laporte  county,  $1,408.50;  Lawrence  county, 
$1,408.50;  Madison  county,  $1,408.50;  Marion  county, 
$1,408.50;  Marshall  county,  $1,408.50;  Martin  county, 
$1,408.50;  Miami  county,  $1,408.50;  Monroe  county, 
$1,408.50;  Mongomery  county,  $1,408.50;  Morgan  county, 
$1,408.50;  Newton  county,  $1,408.50;  Noble  county, 
$1,408.50;  Ohio  county,  $800.00;  Orange  county,  $1,408.50; 
Owen  county,  $1,408.50;  Parke  county,  $1,408.50;  Perry 
county,  $1,408.50;  Pike  county,  $1,408.50;  Porter  county, 
$1,408.50;  Posey  county,  $1,408.50;  Pulaski  county, 
$1,408.50;  Putnam  county,  $1,408.50;  Kandolph  county, 
$1,408.50;  Eipley  county,  $1,408.50;  Eush  county,  $1,408.50; 
Scott  county,  $1,000.00;  -Shelby  county,  $1,408.50;  Spencer 
county,  $1,408.50;  Starke  county,  $1,408.50;  Steuben  county, 
$1,408.50;  St.  Joseph  county,  $1,408.50;  Sullivan  county, 
$1,408.50;  Switzerland  county,  $1,400.00;  Tippecanoe 
county,  $1,408.50;  Tipton  county,  $1,408.50;  Union  county, 
$1,325.00;  Vanderburgh  county,  $1,408.50;  Vigo  county, 
$1,408.50;  Vermillion  county,  $1,408.50;  Wabash  county, 
$1,408.50;  Warren  county,  $1,408.50;  Warrick  county, 
$1,408.50;  Washington  county,  $1,408.50;  Wayne  county, 
$1,408.50;  Wells  county,  $1,408.50;  White  county,  $1,408.50; 
Whitley  county,  $1,408.50. 

33.  Traveling  Expenses.  3.  The  traveling  expenses  of 
the  county  superintendent,  not  exceeding  one  hundred  dol- 
lars ($100)  annually,  incurred  while  in  the  discharge  of  his 
official  duties  within  his  county  shall  be  paid  by  the  county 
treasurer  upon  a  warrant  issued  by  the  county  auditor. 
The  county  superintendent  shall  make  affidavit  to  the 
county  auditor,  before  such  warrant  shall  issue  from  the 
county  auditor  to  the  county  treasurer. 


52  SCHOOL    LAW    OF    INDIANA. 

34.  Assistant — Appointment.     4.     The  board  of  county 
commissioners  may  authorize   the   county   superintendent 
to  appoint  an  assistant  to  assist  him  in  the  execution  of  his 
official  duties  if  in   their  judgment   such   an   assistant  is 
necessary.    Such  assistant  shall  he  appointed  by  the  county 
superintendent  and  shall  work  under  his  direction  and  su- 
pervision.   Such  assistant  shall  receive  for  his  services  ren- 
dered, an  amount  not  to  exceed  three  dollars  per  day  for 
not  to  exceed  one  hundred  and  twenty  days  in  any  one 
year.     Such  amount  to  be  paid  by  the  county  treasurer 
upon  warrant  issued  by  the  county  auditor. 

[1889.  p.  240.    Approved  March  3, 1899.] 

35.  General     duties.     4.     The     county    superintendent 
shall  have  the  general  superintendence  of  the  schools  of 
his  county,  he  shall  attend  each  township  institute  at  least 
once  in  each  school  year,  and  as  often  thereafter  as  pos- 
sible, and  preside  over  and  conduct  its  exercises.    He  shall 
visit  schools  while  they  are  in  session  for  the  purpose  of  in- 
creasing their  usefulness  and  elevating,  as  far  as  prac- 
ticable, the  poorer  schools  to  the  standard  of  the  best.    He 
shall  conduct  teachers'  institutes  and  encourage  other  like 
associations,  and  shall  labor,  in  every  practicable  way,  to 
elevate  the  standard  of  teaching  and  to  improve  the  con- 
dition of  the  schools  of  his  county.    In  all  controversies  of 
a  general  nature  arising  under  the  school  law,  the  decision 
of  the  county  superintendent  shall  first  be  obtained;  and 
then  an  appeal,  except  on  local  questions  relating  to  the 
legality  of  school  meetings,  establishment  of  schools,  and 
the  location,  building,  repair  or  removal  of  school  houses, 
or  transfer  of  persons  for  school  purposes  and  resignation 
and  dismissal  of  teachers,  may  be  taken  from  his  decision 
to  the  state  superintendent  of  public  instruction  on  a  writ- 
ten statement  of  facts,  certified  to  by  such  county  superin- 
endent.     Nothing  in  this  act,  however,  shall  be  construed 
so  as  to  change  or  abridge  the  jurisdiction  of  any  court  in 
cases  arising  under  the  school  laws  of  this  state;  and  the 
right  of  any  person  to  bring  suit  in  any  court  in  any  case 
arising  under  the  scr.>ol  laws  shall  not  be  abridged  by  the 


SCHOOL    LAW    OF    INDIANA.  53 

provisions  of  this  act.  He  shall  at  all  times  carry  out  the 
orders  and  instructions  of  the  state  board  of  education 
and  the  state  superintendent  of  public  instruction,  and 
shall  constitute  the  medium  between  such  state  superin- 
tendent and  subordinate  school  officers  and  the  schools.  (E. 
8. 1908,  §6379.) 

1.  CARE  AND  OVERSIGHT.     The  superintendent  has  the  care  and  over- 
sight of  the  schools  of  his  county,  with  authority  to  direct  in  their  organiza- 
tion and  management. 

2.  POWER  AS  TO  COURSE  OF  STUDY  AND  RULES.     The  management  and 
control  of  the  school  is  conferred  by  law  upon  the  trustees,  and  this  power 
involves  the  right  to  prescribe  a  course  of  study  and  make  rules  and  regula- 
tions.    But  the  trustees  also  appoint  a  county  superintendent,  who,  in  a 
large  department  of  school  government,  is  the  representative  and  agent  of 
the  trustees,  and  to  him  their  powers  are  delegated  so  far  as  is  necessary 
to  successful  administration.    If  neither  the  county  board  of  education  nor 
the  trustees  individually  have  taken  the  necessary  action,  the  superintend- 
ent may  arrange  a  course  of  study  and  direct  its  enforcement  in  the  schools, 
and  may   make   reasonable  rules   and  regulations,   and  the   refusal   of   a 
teacher  to  obey  the  superintendent  in  these  particulars  would   be   such 
"neglect  of  the  business  of  the  school"  as  would  warrant  a  revocation  of 
his  license,  or  would  indicate  such  incompetence  "to  successfully  teach"  as 
would  warrant  a  refusal  to  grant  him  another  license. 

3.  LIABILITY.     A  county  superintendent  is  not  liable  for  his  official 
acts,  unless  they  were  wanton  and  malicious,  where  he  has  a  discretion  in 
their  performance. — Branarnan  v.  Hinkle,  137  Ind.  496 ;  Elmore  v.  Overton, 
104  Ind.  548. 

36,  Cities  exempt.     5.     City  schools,  however,  having 
duly  appointed  superintendents,  shall  be  exempt  from  the 
general  superintendence  authorized  by  this  act,  upon  a 
written  request  of  the  school  board  of  said  cities  that  such 
supervision  be  not  extended  to  such  cities  by  the  county 
superintendent.     (E,  S.  1908,  §6386.) 

37.  Examinations    for    graduation.     6.        The    county 
superintendent  shall  provide  for  the  examination  of  all 
applicants  for  graduation  in  the  common  school  branches 
from  township,  district  or  town  schools  during  the  months 
of  March,  April  and  May,  and  furnish  them  certificates  of 
graduation,  if  in  the  judgment  of  the  county  superintend- 
ent they  are  entitled  thereto,  which  shall  entitle  the  recipi- 
ents to  enter  any  township,  town  or  city  high  school  of  the 
state  if  he  be  otherwise  entitled  to  the  privileges  thereto. 


54  SCHOOL    LAW    OF    INDIANA- 

He  shall  likewise  provide  for  the  examination  of  all  appli- 
cants for  graduation  from  the  township  graded  or  town 
graded  high  schools  not  employing  a  superintendent  dur- 
ing the  months  of  April,  May  and  June,  and  furnish  them 
certificates  of  graduation,  if  entitled  thereto.  He  shall  at- 
tend as  many  commencements  as  he  can  of  the  township 
and  town  schools,  and  also  of  the  township  and  town  high 
schools.  He  shall  hold  one  preliminary  institute  in  each 
township  in  his  county  before  the  schools  for  that  school 
year  open,  for  the  purpose  of  helping  the  teachers  in  the 
organization  of  their  schools  and  giving  any  other  needed 
assistance;  but  instead  of  holding  such  preliminary  insti- 
tutes in  each  township,  he  may  hold  a  joint  institute  for  two 
or  more  adjoining  school  corporations.  (R.  S.  1908,  §6387.) 

1.  A  common  school  graduate  is  entitled  to  high  school  privileges,  in- 
cluding a  high  school  transfer  if  there  be  no  high  school  maintained  in  his 
own  school  corporation. 

38.  Shall  examine  teachers.  7.  The  county  superin- 
tendent shall  hold  one  public  examination,  beginning  on  the 
last  Saturday  of  January,  February,  March,  April,  May, 
June,  July  and  August  of  each  year.  In  no  case  shall  he 
hold  a  private  examination,  but  special  public  examina- 
tions may  be  heM  any  time  upon  written  request  of  school 
boards  as  hereinafter  provided.  The  county  superintend- 
ent shall  examine  at  such  examinations,  by  a  series  of  ques- 
tions furnished  by  the  state  board  of  education,  all  appli- 
cants for  license  as  teachers  in  the  common  schools  of  the 
state.  Before  any  applicant  can  be  examined  he  shall  pro- 
duce to  the  county  superintendent  a  certificate  of  good, 
moral  character  from  a  school  trustee  of  the  county,  then 
in  office,  or  other  satisfactory  written  evidence  of  good 
moral  character,  which  certificate  or  other  evidence  shall 
be  marked  filed  on  that  date  by  such  county  superintend- 
ent and  preserved  as  an  office  paper.  If,  from  the  ratio 
of  correct  answers,  the  applicant  is  found  to  possess  knowl- 
edge which  is  sufficient  in  the  estimation  of  the  county 
superintendent  to  enable  said  applicant  successfully  -to 
teach,  in  the  common  schools  of  the  state,  orthography, 


SCHOOL    LAW    OF    INDIANA.  55 

reading,  writing,  arithmetic,  geography,  English  grammar, 
physiology,  the  history  of  the  United  States,  scientific  tem- 
perance and  literature,  to  govern  such  schools,  and  is 
versed  in  the  science  of  teaching,  the  county  superintendent 
shall  at  once  fill  out  and  deliver  to  such  applicant  a  license 
for  a  term  of  six  (6),  twelve  (12),  twenty-four  (24)  or 
thirty-six  (36)  months,  according  to  the  ratio  of  correct 
answers  and  other  evidences  of  qualifications  given  upon 
said  examination,  the  standard  of  which  shall  be  fixed  by 
the  county  superintendent;  and  in  examining  persons  for 
positions  to  teach  in  graded  schools  in  cities  and  towns,  the 
county  superintendent  may  take  into  consideration  special 
fitness  of  such  applicants  to  perform  the  services  required 
of  them,  and  shall  make  on  the  licenses  issued  to  such 
applicants  a  statement  of  the  kind  of  work  for  which  they 
are  especially  qualified;  and  all  applicants,  before  being 
licensed,  shall  produce  to  the  county  superintendent  the 
proper  trustee's  certificate  or  other  satisfactory  evidence 
of  a  good  moral  character:  Provided,  That  a  six  months' 
license  shall  be  regarded  as  a  trial  license,  and  that  no 
person  who  hereafter  receives  a  six  months'  license  in  any 
county  shall  be  again  thereafter  licensed  from  said  county 
unless  he  obtains  a  grade  which  shall  entitle  him  to  receive 
at  least  a  twelve  months'  license:  And  provided,  That 
any  person  now  possessing  a  thirty-six  months'  license, 
whose  next  consecutive  license  shall  be  for  a  term  of  thirty- 
six  months,  or  any  person  who  shall  hereafter  receive  two 
licenses  in  succession,  each  for  thirty-six  months,  may  re- 
ceive, at  the  expiration  of  such  several  licenses,  a  license 
for  the  term  of  eight  years  upon  such  an  examination  held 
by  the  county  superintendent  as  may  be  prescribed  by  the 
state  board  of  education,  and  such  license  shall  issue  only 
upon  the  approval  of  the  state  board  of  education,  and 
shall  be  styled  a  professional  license,  and  shall  entitle  the 
holder  to  teach  in  any  of  the  schools  of  this  state:  Pro- 
vided, That  any  person  who  has  taught  for  six  consecutive 
years  in  the  common  schools  of  this  state,  and  now  holds 
a  three  years'  license  to  teach  therein,  or  who,  having 


56       .  SCHOOL    LAW    OF    INDIANA- 

previously  taught  for  six  consecutive  years  in  said  com- 
mon schools,  and  shall  hereafter  obtain  a  three  years' 
license  to  teach  therein,  or  who  has  heretofore  been  ex- 
empted, shall  be  forever  afterward  exempt  from  examina- 
tion so  long  as  he  or  she  shall,  teach  in  the  common  schools 
of  the  county  in  which  said  three  years'  license  was 
obtained;  but  if  such  person  shall,  at  any  time  after  said 
exemption  accrues,  suffer  a  period  of  one  year  to  pass 
without  having  taught  one  full  school  year  in  the  common 
schools  of  the  county  within  said  period,  then  said  exemp- 
tion shall  cease  at  the  option  of  the  county  superintendent ; 
and  if  such  person  shall,  during  such  exemption,  seek 
employment  to  teach  other  or  higher  branches  in  the  com- 
mon schools  of  this  state  than  those  branches  which  were 
included  in  the  examination  upon  which  said  three  years' 
license  was  issued,  then  he  or  she  shall  be  examined  in  such 
additional  branches :  Provided,  That  said  county  superin- 
tendent be  authorized  to  issue  an  exemption  license  upon 
proper  affidavit  or  affirmation  of  said  applicant,  and  that 
said  exemption  license  be  subject  to  revocation  as  other 
licenses  issued  by  said  county  superintendent.  (R.  S.  1908, 
§6388.) 

1.  APPEAL.     If  an  applicant  for  a  license  is  not  satisfied  with  the  grad- 
ing of  his  county  superintendent  he  may  appeal  to  the  superintendent  of 
public  instruction ;  and  if,  on  the  other  hand,  any  patron  of  a  school  thinks 
that  u  teacher  thereof  has  been  too  liberally  graded,  the  same  right  of  ap- 
peal exists  in  such  patron  as  in  the  applicant  for  a  license. 

2.  INCOMPETENT   TEACHER.     A   county   superintendent  may   refuse   to 
license  a  teacher  whom  he  knows  to  be  incompetent  to  teach.     There  are 
two  ways  that  such  knowledge  may  come  to  him :     1st.     From  personal 
visitation  and  inspection  of  his  school  work.     2d.    From  statements  made 
by  those  in  a  position  to  inspect  such  work. 

3.  EXEMPTION  LICENSE.    The  law  expressly  says  that  a  teacher  must 
teach  without  interruption  after  a  license  is  issued  to  him  under  the  ex- 
emption clause  of  this  section.     The  county  superintendent  may  requiiv 
such  evidence  of  his  teaching  in  other  counties  as  will  satisfy  him  that 
the  teacher  has  done  the  necessary  work,  and  that  he  has  shown  a  degret1 
of  success  sufficient  to  justify  the  superintendent  in  granting  the  renewal. 
The  teaching  in  other  counties  may  be  credited  if  the  county  superin- 
tendent  is   fully   satisfied   that  the  teaching  in   other  counties   has   been 
successful. 

4.  POWERS  OF  SUPERINTENDENT  NOT  JUDICIAL — LIABILITY.    The  county 
superintendent  belongs  to  the  executive  department  of  the  government:  he 


SCHOOL     LAW     OF     INDIANA.  f)7 

acts  in  neither  ;i  jiulici.il  nor  quasi-judicial  capacity  in  licensing  persons 
to  teach,  and  lie  has  a  discretion  on  the  subject  of  licensing  teachers,  which 
is  so  far  analogous  to  judicial  discretion  that  he  is  protected  from  any 
claim  for  damages  on  account  of  any  mistake  in  his  decisions,  or  error  in 
judgment,  either  in  granting  or  withholding  a  license.  Yet  he  is  liable 
in  damages  for  maliciously  withholding  a  license  to  teach  from  an  appli- 
cant lawfully  entitled  to  receive  the  same,  and  he  will  be  held  to  have 
acted  maliciously  where  he  acts  either  from  willful  and  wicked  or  from 
corrupt  motives. — Elmore  v.  Overton,  104  Ind.  548. 

5.  LICENSE  AND  CERTIFICATE.  There  is  no  legal  distinction  between  the 
granting  of  a  license  to  teach  and  the  act  of  issuing  a  certificate  of  that 
fact.  The  terms  are  convertible,  and  the  "licensing"  implies  the  issuing 
to  an  applicant  of  a  written  permission  to  teach  in  the  public  schools. — 
Klimire  v.  Overtoil,  104  Ind.  548. 

(J.  Inasmuch  ;>s  the  Law  requires  that  a  beginning  teacher  must  pos- 
sess a  twelve  months'  license  the  provision  concern  ing  six  months'  licenses 
has  become  obsolete. 

7.  DISCRETION.     Reasonable   discretion   of  the  county    superintendent 
can  not  be  controlled  by  the  courts. 

8.  MANDAMUS.     Mandamus  will  not  lie  to  compel  the  issuance  of  a 
teacher's  certificate  by  the  county  superintendent ;  the  superintendent  be- 
ing vested  with  a  discretionary  power,  the  court  may  compel  him  to  act 
upon  an  application,  but  can  not  control  his  discretion.     The  mode  of  pro- 
cedure in  such  case  is  an  appeal  to  the  superintendent  of  public  instruc- 
tion, and  if  after  hearing  the  case  he  orders  the  county  superintendent  to 
issue  a  certificate,  mandamus  would  lie  to  compel  him  to  do  so. 

9.  MINISTERIAL  m  TY.     Mandamus  is  the  proper  action  to  compel  an 
officer  to  perform  any  ministerial  duty,  but  mandamus  will  not  lie  to  compel 
the  performance  of  any  discretionary  duty. 

10.  LIABILITY.     If  a  county  superintendent  make  an  honest  mistake 
in  his  judgment  as  to  his  duties  under  the*  law,  or  as  to  facts  submitted 
to  him,  where  he  has  a  discretion,  it  will  not  render  him  liable  for  dam- 
ages.— Branamaii  v.  Hinkle,  137  Ind.  490;  Elmore  v.  Overton,  104  Ind.  548. 

11.  Music.     Notwithstanding  this  section  does  not  require  an  appli- 
cant for  a  license  to  be  examined  in  music,  yet  the  school  trustee  may  re- 
quire music  to  be  taught  in  the  schools. — Myers  Publishing  Co.  v.  White 
River  School  Township,  28  Ind.  App.  91  ;  62  N.  E.  Rep.  66. 

12.  Loss  OF  CERTIFICATE,  ETC.     The  certificate  is  only  the  evidence  of 
a   license.     It  follows  that  if  a  teacher  loses  his  certificate  he  remains 
licensed,  and  should  be  so  treated,  provided  he  can  prove  the  facts.     In 
such  case  a  duplicate  certificate  may  he  issued  from  the  superintendent's 
record.     The  failure  of  an  applicant  upon  examination  does  not  affect  a 
license  previously  issued  to  such  applicant,  or  afford  ground  for  its  revo- 
cation. 

13.  ILLEGAL  ISSUES  OF  LICENSES.     If  a  new  superintendent  finds  that 
licenses   have  been   illegally   issued   by   his  predecessor,   he  should  cancel 
the  records  and  certificates  thereof,  and  notify  the  school  trustees  in  the 
county  of  such  action.     Before  taking  this  action  he  should  carefully  in- 
vestigate the  facts,  and  notify  the  parties  interested,  giving  them  an  op- 
portunity to  show  that  their  licenses  are  valid. 


58  SCHOOL    LAW    OF    INDIANA- 

14.  Special  teachers  do  not  need  general  licenses,  but  must  be  licensed 
in  the  subjects  they  teach. 

lo.  ADDITIONAL  BLANCHES.  Ordinarily,  an  examination  in  the  enu- 
merated subjects  is  sufficient,  but  when  a  person  is  to  teach  other  branches, 
his  proficiency  therein  should  not  be  left  to  conjecture.  He  should  be  ex- 
amined by  the  county  superintendent  in  such  "other  branches"  as  he  is 
expected  to  teach.  This  is  expressly  stated  in  the  law  in  case  a  district 
school  meeting  has  designated  additional  branches,  and  is  an  obvious  infer- 
ence in  all  cases  where  additional  branches  are  to  be  taught. 

16.  PRINCIPAL  AND  HIGH  SCHOOL  TEACHERS  IN  TOWN  AND  CITY  SCHOOLS. 
I  think  the  spirit  of  the  law  is  fully  complied  with  when  high  school  teach- 
ers pass  examination  in  such  branches  and  only  such  as  they  are  required 
to  teach.  If  an  applicant  is  to  teach  say  Latin,  geometry,  general  history 
and  physics,  I  see  no  good  reason  for  requiring  him  to  pass  on  the  "eight 
common  school  branches."  The  intention  of  the  law  clearly  is  that  a  teach- 
er's fitness  to  teach  should  be  based  on  a  knowledge  of  the  branches  he 
may  be  required  to  teach. 

39.  Record-book — Report   to   state   superintendent.    8. 

The  county  superintendent  shall  provide  a  blank-book, 
at  the  expense  of  the  county,  in  which  he  shall  keep  a  rec- 
ord of  his  proceedings,  and  shall  deliver  such  record,  and 
all  other  books,  papers  and  property  appertaining  to  his 
office,  to  his  successor.  He  shall  also  keep  a  record  of  all 
applicants  for  a  license,  kind  and  length  of  the  license  to 
which  each  successful  applicant  is  entitled,  as  well  as  the 
number  of  licenses  revoked  by  him.  He  shall  report  to 
the  state  superintendent  of  public  instruction  the  names 
(and  dates  thereof)  of  those  whose  licenses  he  revokes. 
(R.  S.  1908,  §6392.) 

1.  FABOL  PROOF  or  CONTENTS  OP  RECORD.    The  presumption  is  that  a 
county  superintendent  keeps  a  record  of  his  proceedings,  which  is  the  best 
evidence  of  his  acts  in  either  granting  or  refusing  a  license;  and  in  an  ac- 
tion against  him  for  maliciously  withholding  a  license,  oral  proof  of  his 
admission  that  he  had  granted  a  license  to  the  applicant  is  inadmissible 
unless  it  is  averred  in  the  complaint  and  first  shown  that  he  kept  no  such 
record  as  required  by  the  statute,  or  that  such  record  is  incorrect. — Elmore 
v.  Overtoil,  104  Ind.  548. 

2.  RECORDING  DECISION.    The  decision  of  the  superintendent  is  bind- 
ing, on  appeal,  on  the  trustee  from  the  time  it  is  given,  though  not  entered 
in   the  superintendent'?  record   until   afterwards. — Knight   v.   Woods,   129 
Ind.  101. 

40.  May  revoke  license.     9.     The  county  superintendent 
shall  have  the  power  to  revoke  licenses  heretofore  granted 
by  himself  or  predecessors  or  hereafter  granted  by  the 


SCHOOL    LAW    OF    INDIANA-  59 

state  superintendent  of  public  instruction,  for  incompe- 
tency,  immorality,  cruelty  or  general  neglect  by  the  holder 
of  the  business  of  his  school.  Due  notice  of  such  revoca- 
tions shall  be  given  in  writing  by  the  county  superintend- 
ent and  an  appeal  therefrom  shall  lie  to  the  state  superin- 
tendent of  public  instruction,  and  if  the  same  be  taken 
within  five  days  after  notice  is  given  it  shall  operate  as 
a  stay  of  proceedings  until  the  state  superintendent  of 
public  instruction  shall  have  passed  upon  such  appeal.  The 
revocation  of  the  license  of  any  teacher  shall  terminate 
his  employment  in  the  school  in  which  he  may  have  been 
employed  to  teach.  (R.  S.  1908,  §6393.) 

41.  Office — Supplies.     11.     The  board  of  county  com- 
missioners shall  provide  and  furnish  an  office  for  the  county 
superintendent  of  their  county,  allow  and  pay  all  costs  in- 
curred by  him  for  postage,  stationery  and  records  in  carry- 
ing out  the  provisions  of  this  act,  upon  his  making  to  them 
satisfactory  proof  thereof.     (R.  S.  1908,  §6395.) 

[1905,  p.  584.    Approved  March  10,  1905.] 

42.  Traffic  in   examination   questions.     533.     Whoever 
shall  trade,  sell,  barter  or  give  away,  or  offer  to  sell,  trade, 
barter  or  give  away  to  applicants  for  teachers'  license,  or 
to  any  other  person;  or  whoever  shall  buy,  purchase,  bar- 
ter, or  trade  for,  or  accept,  any  of  the  questions  [prepared] 
by  the  state  board  of  education,  to  be  used  by  county  school 
superintendents  in  the  examination  of  teachers,    [or]    in 
any  way  dispose  of  or  accept  any  of  such  questions,  con- 
trary to  the  rules  prescribed  by  said  state  board  of  educa- 
tion, shall,  on  conviction,  be  fined  not  less  than  fifty  dollars 
nor  more  than  five  hundred  dollars.     (R.  S.  1908,  §2439.) 

[1899,  p.  488.    Approved  March  6,  1899.] 

43.  State  license.     1.     The  county  superintendent  shall 
examine  at  such  examinations  at  such  times  and  in  such 
subjects  as  now  required  by  law  by  a  series  of  questions 
furnished  by  the  state  board  of  education,  all  applicants 
for  license  as  teachers  in  the  common  schools  of  the  state ; 


00  SCHOOL    LAW    OF    INDIANA- 

that  such  applicants  shall  have  the  right  to  elect  to  have 
their  manuscripts  sent  to  the  state  superintendent  of  pub- 
lic instruction  for  examination,  which  license  shall  not  be 
confined  to  any  particular  county;  but  be  taken  as  qualify- 
ing the  person  to  whom  granted,  so  long  as  in  force,  to 
teach  anywhere  within  the  state,  if  of  the  proper  grade  for 
the  school  for  which  he  may  be  employed.  Each  applicant 
who  so  elects  to  have  manuscripts  sent  to  the  state  super- 
intendent of  public  instruction  for  examination  shall,  be- 
fore the  examination  begins,  pay  to  the  county  superin- 
tendent a  fee  of  one  dollar,  said  payment  to  be  made  but 
once  in  any  one  calendar  year,  and  if  such  applicant  pre- 
sents himself  at  other  examinations  within  the  year,  he 
shall  exhibit  a  receipt  to  the  county  superintendent,  show- 
ing that  said  fee  has  been  hitherto  paid:  Provided,  That 
no  person  shall  be  allowed  more  than  three  examinations 
in  any  one  year,  except  on  payment  of  one  dollar  for  each 
additional  examination.  The  county  superintendent  shall 
issue  his  receipt  for  all  fees  paid  under  the  provisions  of 
this  act,  and  shall  immediately  send  such  fees  to  the  state 
superintendent  of  public  instruction,  who  shall  issue  his 
receipt  therefor  to  the  county  superintendent.  The  state 
superintendent  of  public  instruction  shall  use  such  funds 
in  the  employment  of  a  sufficient  number  of  qualified  per- 
sons to  grade  the  manuscripts  and  perform  the  services 
incident  to  the  operation  of  the  license  system  instituted 
by  this  act.  The  state  superintendent  of  public  insruction 
shall  publish  annually,  under  oath,  an  itemized  statement 
of  the  receipts  and  disbursements  of  the  moneys  contem- 
plated in  this  act,  stating  for  what  paid  and  to  whom  paid, 
with  proper  receipts  for  the  same,  keeping  the  original  re- 
ceipt on  file  in  his  office  and  open  to  public  inspection.  No 
examinations  shall  extend  over  a  period  of  more  than  two 
days,  and  shall  be  conducted  in  the  immediate  presence 
of  the  county  superintendent,  pursuant  to  such  instructions 
and  directions  as  the  state  board  of  education  may  pro- 
vide. The  manuscripts  containing  the  answers  to  said 
questions  shall  be  delivered  by  the  applicant  to  the  county 


SCHOOL    LAW    OF    INDIANA.  61 

superintendent,  who  shall  designate  the  same  by  number. 
The  county  superintendent  shall  then  record  both  the 
number  of  the  manuscript  and  the  name  of  the  applicant 
in  a  record  for  that  purpose,  and  send  the  fee  named  above 
and  the  grade  of  school-room  success,  and  the  manuscript 
of  the  applicant  numbered  as  above,  to  the  office  of  the 
state  superintendent  of  public  instruction  for  gradation. 
The  professional  ability  of  school-room  success  of  an  appli- 
cant shall  be  furnished  by  the  county  superintendent  and 
graded  from  50  to  100  per  cent.  Teachers  employed  in 
a  city  or  town  school  shall  be  certified  to  on  professional 
ability  by  the  town  superintendent  (if  there  be  one)  or 
city  school  superintendent.  This  shall  be  accepted  by  the 
county  superintendent  as  the  estimate  of  the  applicant's 
professional  success.  The  general  average  in  the  branches 
which  shall  indicate  the  applicant's  academic  standing,  fur- 
nished by  the  state  superintendent  of  public  instruction, 
shall  constitute  one  part  of  the  applicant's  grade,  and  the 
per  cent,  placed  upon  the  applicant's  school-room  success, 
shall  constitute  the  other  part.  The  sum  of  these  two  items 
divided  by  two,  shall  give  the  complete  general  average 
upon  which  all  the  license  shall  be  issued.  If  from  the 
ratio  of  correct  answers  the  applicant  is  found  to  possess 
knowledge  which  is  sufficient  to  enable  him  successfully 
to  teach  in  the  common  schools  of  the  state,  orthography, 
reading,  writing,  arithmetic,  geography,  English  grammar, 
physiology,  the  history  of  the  United  States,  scientific  tem- 
perance and  literature,  to  govern  such  schools,  and  is 
versed  in  the  theory  of  the  school,  the  county  superintend- 
ent shall  at  once  report  the  name  and  postoffice  address 
of  such  person  to  the  state  superintendent  of  public  instruc- 
tion, together  with  the  grade  of  license  to  which  such  appli- 
cant is  entitled,  and  the  state  superintendent  of  public  in- 
struction shall  at  once  fill  out  and  mail  to  such  applicant 
a  license  for  a  term  of  twelve  (12),  twenty-four  (24),  or 
thirty-six  (36)  months,  valid  for  teaching  the  above 
branches  only;  and  for  sixty  (60)  months,  the  latter  to  be 
known  as  a  high  school  license;  such  high  school  license 


62  SCHOOL    LAW    OF    INDIANA- 

shall  include,  in  addition  to  the  subjects  enumerated  above, 
such  additional  subjects  as  the  state  board  of  education 
may  elect,  which  license  shall  be  for  use  in  the  non-commis- 
sioned high  schools  of  the  state:  Provided,  That  for  the 
proper  classification  of  teachers'  licenses  named  herein, 
the  life  license  shall  be  denominated  a  license  of  the  first 
grade ;  a  professional  license  shall  be  denominated  a  license 
of  the  second  grade;  the  high  school  license  shall  be  de- 
nominated a  license  of  the  third  grade;  the  thirty-six 
months'  license  shall  be  denominated  a  license  of  the 
fourth  grade;  the  twenty-four  months'  license  shall  be 
denominated  a  license  of  the  fifth  grade,  and  the  twelve 
months'  license  shall  be  denominated  a  license  of  the  sixth 
grade.  The  standard  of  all  licenses  shall  be  fixed  by  the 
state  board  of  education  by  indicating  the  minimum  per 
cent,  in  each  branch  and  the  required  general  average  for 
each  grade  of  license  above  enumerated.  (R.  S.  1908, 
§6389.) 

44.  Record  of  examination.    3.     The   county   superin- 
tendent shall  provide  a  blank  book,  in  which  he  shall  keep 
a  record  of  minutes  of  his  proceedings,  and  shall  deliver 
such  record,  and  all  other  books,  papers  and  property  ap- 
pertaining to  his  office  to  his.  successor.    He  shall  also  keep 
a  record  of  all  applicants  for  license  and  the  kind  and  the 
length  of  the  license  to  which  each  successful  applicant  is 
entitled,  as  well  as  the  number  of  licenses  revoked  by  him. 
He  shall  report  to  the  state  superintendent  of  public  in- 
struction the  names  of  those  whose  licenses  he  revokes  and 
the  date  of  such  revocation    (R.  S'.  1908,  §6391.) 

1.     See  section  39. 

[1903,  p.  291.    Approved  March  9, 1903.] 

45.  Items  for  success  grades.     1.     The  state  superin- 
tendent of  public  instruction  is  hereby  required  to  pro- 
vide from  time  to  time  such  schedule  of  items  as  should, 
in  his  judgment,  enter  into  the  record  and  grading  in  the 
item  of  a  teacher's  success  by  the  city,  town  and  county 
superintendent  of  schools.     (R.  S.  1908,  §6296.) 


SCHOOL    LAW    OK    INDIANA.  63 

46.  Superintendents  furnish  items.     2.     It  shall  be  the 
duty  of  the  city,  town    and    county    superintendents    of 
schools  to  visit  each  year  the  teachers  under  their  charge 
and  supervision,  and  from  personal  inspection  and  other- 
wise make  an  itemized  statement  and  grading  of  the  suc- 
cess of  each  teacher  under  their  charge,  and  in  accordance 
with  the  rules  and  schedule  of  the  state  superintendent  of 
public  instruction,  as  provided  in  section  1  of  this  act.    (R, 
S.  1908,  §6380.) 

47.  Issuance  and  record  of  success  statement.    3.    It 
shall  be  the  duty  of  each  school  superintendent  to  issue 
over  his  signature  and  deliver  to  each  teacher  under  his 
supervision,  not  later  than  July  1,  each  year,  such  a  state- 
ment of  the  success  of  each  as  is  contemplated  in  section  2 
of  this  act,  and  shall  keep  on  file  in  a  permanent  record 
book  duplicates  of  all  such  statements.     A  teacher's  suc- 
cess grade  so  issued  shall  be  his  legal  success  grade  for 
one  year  from  the  date  of  its  issuance.     (B.  S.  1908,  §6381.) 

SCHEDULE  OF  SUCCESS  ITEMS. 

THE  TEACHER   100% 

A.     TEACHING  POWER  45% 

Many  items  enter  into  this,  but  the  principal  ones  are 
preparation  of  lesson,  skill  in  presentation,  and  results  at- 
tained 

K.     GOVERNMENT    .'55% 

The  teacher's  power  in  government  is  shown  in  the  gen- 
eral spirit  of  the  school,  and  in  the  attitude  the  pupils  take 
toward  their  daily  tasks,  toward  each  other  and  toward  the 
school  property. 

•  C.     GENERAL  CHARACTERISTICS    20% 

Under  this  head  the  personality  of  the  teacher,  his  pro- 
fessional and  community  interest,  and  all  those  qualities 
that  make  for  the  best  citizenship  should  be  considered. 
The  city  and  town  superintendents  should  hand  the  success  grades  to 
their  teachers  not  later  than  July  1st  each  year,  and  forward  copies  of  the 
same  to  the  county  superintendents,  who  will  keep  the  official  success  rec- 
ords for  the  counties.    The  success  grades  of  all  teachers  employed  by  town- 
ship trustees  are  issued  by  the  county  superintendent. 

48.  Appeal    from    statement.     4.     The    state    superin- 
tendent of  public  instruction  is  hereby  authorized  to  in- 
vestigate and  revise  such  cases  of  unfair  grading  in  the 


)  SCHOOL    LAW    OF    INDIANA- 

items  of  a  teacher's  success  as  may  be  brought  to  his  atten- 
tion in  a  written  appeal,  made  and  sworn  to  before  any  per- 
son authorized  to  administer  oaths,  not  later  than  thirty 
days  after  the  issuance  of  said  grade.  All  such  sworn 
statements  and  papers  relating  to  the  case  shall  be  filed 
with  the  county  superintendent  of  schools,  and  shall  by  him 
be  forwarded  to  the  state  superintendent  of  public  instruc- 
tion within  ten  days  after  the  filing  of  such  appeal.  (E.  S. 
1908,  §6382.) 

1.  APPEAL,  Ou  appeal,  all  papers  must  be  filed  with  the  county  super- 
intendent, and  by  him  be  sent  to  the  state  superintendent  of  public  instruc- 
tion. 

[1865,  p.  3.    Approved  March  6, 1865.] 

49.  When    must    enumerate.     40.    When    any    trustee 
shall  neglect  to  file  with  the  county  superintendent    an 
enumeration  of  the  children  of  the  township,  town  or  city, 
as  required  by  section  118,  the  county  superintendent  shall, 
immediately  after  the  first  day  of  May  in  each  year,  employ 
a  competent  person  to  take  the  same,  and  allow  a  reason- 
able compensation  for  such  services,  payable  from  the  spe- 
cial school  revenue  of  the  township;  and  shall  proceed  to 
recover  the  same  in  the  name  of  the  state  of  Indiana,  for 
the  use  of  said  revenue  of  said  township,  by  action  against 
the  said  trustee  in  his  individual  capacity ;  and  in  such  suit 
the  county  superintendent  shall  be  a  competent  witness.   (As 
amended  1873  p.  68,  E.  S.  1908,  §6397.) 

1.  In  so  far  as  the  provisions  of  the  above  section  affect  the  trustee, 
they  are  penal  and  apply  only  where  he  has  failed  to  file  any  report,  and 
they  have  no  application  when  a  report  in  proper  form,  duly  verified,  ^»as 
been  filed. — Young  v.  State,  138  Ind.  206. 

50.  Annual   reports.     41.     The   county    superintendent 
shall,  on  or  before  the  fifteenth  day  of  May,  annually  make 
out  and  forward  to  the  state  superintendent  the  enumera- 
tion of  their  respective  counties,  with  the  same  particular 
discrimination  required  of  the  trustees.     When,  however, 
the  state  superintendent  of  public  instruction,  upon  exam- 
ination of  the  enumeration  returns  of  any  county,  or  of  any 
township,  town  or  city  of  such  county,  finds  any  evidence 
that  the  enumeration  is  excessive  in  numbers,  or  otherwise 


SCHOOL    1-AW    <)F    INDIANA.  65 

incorrect,  lie  may  require  the  county  superintendent  to 
cause  the  enumeration  of  such  county,  township,  town  or 
city  to  be  retaken  and  returned  according  to  the  provisions 
of  this  act,  and  the  school  revenue  to  be  distributed  to  said 
county  upon  such  corrected  enumeration.  If,  however, 
the  corrected  enumeration  is  received  by  the  state  superin- 
tendent of  public  instruction  too  late  for  the  semi-annual 
apportionment,  the  state  superintendent  of  public  instruc- 
tion shall  make  the  apportionment  on  the  last  accepted 
enumeration.  They  shall,  on  or  before  the  fifteenth  day  of 
October,  annually  furnish  the  statistical  information  which 
trustees  are  required  to  report  to  them  in  such  form  as 
may  be  prescribed  by  the  superintendent  of  public  instruc- 
tion. They  shall  also  furnish  with  such  statistical  report 
such  additional  information,  embodied  in  a  written  report, 
relative  to  the  condition  of  schools,  school  houses,  and  the 
general  progress  of  education,  etc.,  in  the  county,  as  the 
state  superintendent  may  from  time  to  time  call  for.  On 
failure  of  any  county  .superintendent  to  make  his  report 
of  enumeration  by  the  fifteenth  day  of  May,  his  county 
shall  be  subject  to  a  diminution  of  twenty-five  dollars  ($25) 
in  the  next  apportionment  of  school  revenue  by  the  state 
superintendent,  and  on  failure  to  make  his  statistical  and 
other  reports  by  the  fifteenth  day  of  October,  his  county 
shall  be  subject  to  a  diminution  of  ten  dollars  ($10)  in  the 
next  apportionment  likewise.  The  sum  thus  withheld  may 
be  collected  from  said  county  superintendent,  on  his  bond, 
in  a  suit  before  a  justice  of  the  peace,  prosecuted  in  the 
name  of  the  state,  by  any  person  living  in  said  county  who 
has  children  enumerated  for  school  purposes  for  the  cur- 
rent year,  who  is  aggrieved  by  said  diminution.  Said  suit 
may  be  commenced  within  two  years  from  the  time  when 
said  report  is  due,  and  not  afterward :  Provided,  That  said 
county  superintendent  may  discharge  himself  from  liabil- 
ity to  such  suit  by  a  certificate  of  the  postmaster  that  said 
report  was  mailed  in  due  time,  together  with  his  own  affi- 
davit of  that  fact.  (As  amended  1895  p.  197,  R.  S.  1908, 
§6398.) 

[5—27277] 


66 


SCHOOL    LAW    OF    INDIANA- 


1.  PRIVATE  INSTITUTIONS.    County  superintendents  are  expected  to  fur- 
nish statistical  and  other  reports  relative  to  private  scnoois,  high  schools, 
colleges  and  other  private  institutions  of  learning  within  their  respective 
counties,  so  as  to  enable  the  superitnendent  of  public  instruction  to  present 
a  view  of  all  the  educational  facilities  of  the  state. 

2.  MANDATE.     Madamus  lies  to  compel  the  county  superintendent  to 
make  the  report  required  by  the  above  section,  and  the  trustees  of  a  town 
ship  affected  may  bring  the  action  for  such  a  mandamus. — Young  v.  State, 
138  Ind.  206. 

51.  Apportionment — Report.    42.     The    county    super- 
intendent shall  make  out,  from  the  lists  of  enumeration  and 
the  report  of  transfers,  the  basis  of  the  apportionment  of 
school  revenue  to  the  several  townships,  towns  and  cities 
of  their  respective   counties,    and   parts   of   congressional 
townships  of  adjoining  counties  whose  congressional  town- 
ship fund  is  managed  in  their  counties,  and  report  the  same 
to  the  proper  county  auditors  by  the  first  day  of  June,  an- 
nually, so  as  to  enable  county  auditors  to  accurately  appor- 
tion the  school  revenue  for  tuition.    (E.  S.  1908,  §6399.) 

1.  CONGRESSIONAL  TOWNSHIPS.  The  basis  of  apportionment  should 
show,  by  number  and  range,  the  congressional  townships,  or  parts  of  con- 
gressional townships,  which  form  each  civil  township,  the  number  of  chil- 
dren enumerated  in  each  of  such  parts;  also  the  whole  number  of  children 
enumerated  in  each  civil  township.  With  the  basis  of  apportionment  he 
should  file  with  the  auditor  a  separate  statement  showing  what  congres- 
sional townships  whose  funds  are  managed  in  his  county  are  divided  by 
the  county  line ;  also,  the  number  of  children  enumerated  in  each  part  of 
such  townships. 

[1873.  p.  75.    Approved  March  8,  1873.] 

52.  Duty  as  to  school  fund.     7.     The  official   dockets, 
records  and  books  of  account  of  the  clerks  of  the  courts, 
county  auditor,  county  commissioners,  justices  of  the  peace, 
prosecuting  attorneys,  mayors  of  cities,  and  township  and 
school  trustees,  shall  be  open  at  all  times  to  the  inspection 
of  the  county  superintendent;  and  whenever  he  shall  find 
that  any  of  said  officers  have  neglected  or  refused  to  collect 
and  pay  over  interests,  fines,  forfeitures,  licenses,  or  other 
claims,  due  the  school  funds  and  revenues  of  the  state,  or 
have  misapplied  the  school  funds  and  revenues  in  their  pos- 
session, he  shall  be  required  to  institute  suit  in  the  name  of 
the  state  of  Indiana  for  the  recovery  of  the  same,  for  the 


SCHOOL    LAW    OF    INDIANA-  67 

benefit  of  the  school  funds  or  revenues  and  make  report  of 
the  same  to  the  board  of  county  commissioners  and  to  the 
Btate  superntendent.  (R.  S.  1908,  §6402.) 

1.  SUIT  AGAINST  TOWNSHIP  TRUSTEE.     A  county  superintendent  may 
bring  an  action  against  a  defaulting  township  trustee ;  but  his  right  to  bring 
such  an  action  does  not  prohibit  the  successor  of  such  trustee  suing  his 
predecessor. — Nichols  v.  State,  65  Ind.  512. 

2.  See  Carr  v.  State,  81  Ind.  342,  concerning  the  power  of  county  super- 
intendents to  bring  suit. 

53.  Duty  as  to  interest  and  loss,  school  fund.     6.     Such 
superintendent  shall  see  that  the  full  amount  of  interest  on 
school  fund  is  paid  and  apportioned,  and,  when  there  is  a 
deficit  of  interest  of  any  school  fund,  or  loss  of  any  school 
fund  or  revenue  by  the  county,  that  proper  warrants  be  is- 
sued for  the  re-imbursement  of  the  same ;  but  no  per  centum 
beyond  what  is  provided  for  herein  and  allowed  shall  in  any 
case  be  paid  him  by  said  board  of  commissioners.    (K.  S. 
1908,  §6401.) 

[1865,  p.  3.    Approved  March  6, 1865.] 

54.  Appeals    from    township    trustees.     164.    Appeals 
shall  be  allowed  from  decisions  of  the  [township]  trustees, 
relative  to  school  matters,  to  the  county  superintendents, 
who  shall  receive  and  promptly  determine  the  same,  a£- 
cording  to  the  rules  which  govern  appeals  from  justices  of 
the  peace  to  circuit  courts,  so  far  as  such  rules  are  appli- 
cable; and  their  decisions  of  all  local  questions  relating  to 
the  legality  of  school  meetings,  establishment  of  schools, 
and  the  location,  building,  repair,  or  removal  of  school 
houses  or  transfer  of  persons  for  school  purposes,  and  res- 
ignation and  dismissal  of  teachers,  shall  be  final.    (R.  S. 
1908,  §6667.) 

1.  TRIAL  OF  APPEALS.  When  the  county  superintendent  has  received 
a  complete  transcript  of  the  case  in  controversy,  he  should  fix  a  day  for  the 
trial,  and  all  parties  to  the  case  should  be  notified  of  the  subject-matter 
and  the  time  and  place  of  the  trial.  The  case  should  then  be  tried  de  novo. 
No  case  should  be  decided  by  the  superintendent  from  the  transcript  alone, 
without  first  giving  all  parties  an  opportunity  to  be  heard.  If  after  suffi- 
cient notice  either  appellee  or  appellant  fails  to  appear,  then,  and  only  then, 
should  the  case  be  decided  from  the  transcript.  Upon  appeal  the  case  is 
tried  de  uovo  upon  its  merits. 


68  SCHOOL    LAW    OF    INDIANA. 

2.  SUPERINTENDENT'S   DECISION   FINAL.     The   superintendent's   decision 
prohibiting  the  erection  of  a  school  house  on  a  location  selected  by  the 
trustee  is  within  his  jurisdiction,  and  is  final  and  binding  en  the  trustee. — 
Knight  v.  Woods,  129  Ind.  101.    See  Carnahan  v.  State,  155  Ind.  156. 

3.  REFUSAL  TO  DECIDE.     A  refusal  of  a  trustee  to  decide  a  question 
presented  properly  to  him  will  not  prevent  an  appeal  being  taken  from  him ; 
for  his  refusal  is  a  decision  against  the  person  who  made  the  request  for 
a  decision.- -O'Brien  v.  Moss,  131  Ind.  99. 

4.  TRANSFER.     An  appeal  lies  from  a   refusal  of  a   trustee  to  make 
a  transfer  of  a  pupil. — Edwards  v.  State,  143  Ind.  84. 

5.  LOCATION  OF  SCHOOL  HOUSE.     An  appeal  lies  from  the  trustee  con- 
cerning the  location  of  a  school  house. — Kessler  v.  State,  146  Ind.  221 ;  State 
v.  Schmetzer,  156  Ind.  528.    So  of  a  joint  school  house. — Henricks  v.  State, 
151   Ind.  454. 

55.  Appeals  from  county  superintendent.  165.  Ap- 
peals shall  be  allowed  from  the  decisions  of  county  super- 
intendents to  the  superintendent  of  public  instruction  on  all 
matters  not  otherwise  provided  for  in  the  next  preceding 
section;  and  the  rules  that  govern  appeals  from  justices  of 
the  peace  to  circuit  courts  as  to  the  time  of  taking  an  ap- 
peal, giving  bonds,  etc.,  shall  be  applicable  in  appeals  from 
county  superintendents  to  the  superintendent  of  public  in- 
struction. (R.  S.  1908,  §6668.) 

1.  I'KOCELUKE.     The  same  rules  in  regard  to  the  time  allowed  for  tak- 
ing au  appeal  and  for  making  transcript  etc.,  apply  in  case  of  appeals  to 
Ihe  state  superintendent  as  to  the  county  superintendent.    The  county  su- 
perintendent should  make  a  transcript  of  the  record,  and  send  it,  together 
with  all  papers  in  the  case,  to  the  state  superintendent,  with  his  certificate 
indorsed  thereon.     He  must  specifically  certify  to  the  facts,  for  example, 
that  A  B  applied  for  a  certificate  on  a  certain  day,  that  upon  examination 
a   license  was  refused  on  certain  grounds,  that  the  inclosed  papers  are 
those  made  by  the  applicant,  upon  which  he  was  rejected.    A  copy  of  the 
questions  used  and  the  nppeal  bond  should  also  be  sent.    In  case  a  refusal 
to  license  is  based  upon  the  county  superintendent's  personal  knowledge, 
he  should  make  a  statement  of  the  facts,  verified  by  affidavit,  and  forward 
it,  together  with  corroborative  testimony,  and  the  testimony  given  in  favor 
of  the  accused.     If  an  appeal  is  taken  in  due  form,  the  state  superintend- 
ent may  require  the  county  superintendent  to  forward  the  papers  to  him, 
and  upon   refusal,  may  visit  the  county   and  make  an  examination  into 
the  facts  of  the  case,  find  vender  a  decision  that  will  be  binding  on  all 
parties  interested. 

2.  TRIAL  BY  STATE  SUPERINTENDENT.     The  appeal  is  tried  by  the  super- 
intendent of  public  instruction  upon  the  papers  sent  up.     Additional  affi- 
davits may  be  filed  with  him  and  witnesses  examined.    Parties  may  appear 
before  him,  and  a  complete  trial  be  hart,  the  snme  as  before  the  county 
superintendent.     An  applicant  foi  a  license,  who  desires  to  appeal,  should 


SCHOOL     LAW     OK     INDIANA-  G9 

be  allowed  thirty  days  fron-  the  time  the  county  superintendent's  decision 
is  rendered,  not  from  the  time  of  examination.  If  the  license  is  denied  be- 
cause of  immorality,  the  county  superintendent  should  specify  in  \vhat 
particular  the  immorality  consists.  On  appeal  the  superintendent  of.  pub- 
lic  instruction  can  not  grant  a  license ;  he  can  only  order  the  county  super- 
intendent to  grant  one.  Should  the  latter  refuse  to  grant  it,  a  mandamus, 
nt  the  instance  of  the  teacher,  would  lie  to  compel  him  to  obey  the  direc- 
tion of  the  state  superintendent.  It  an  appeal  is  taken  and  the  county 
superintendent  refuses  to  send  u:)  the  papers,  a  mandamus  will  lie  to  com- 
pel him  to  send  them.  Or  the  superintendent  of  public  Instruction  can 
visit  the  county  and  try  the  case  there.  Merely  writing  a  letter  to  the 
superintendent  of  public  instruction  by  the  party  desiring  to  appeal,  and 
stating  that  he  appeals  from  the  decision  of  the  county  superintendent, 
does  not  constitute  an  appeal.  The  initiatory  steps  must  be  taken  in  the 
matter  with  the  county  superintendent. 

3.  APPEAL  AS  TO  WHOLE  CAUSE.     An  appeal  must  be  taken  as  to  the 
whole  case. — State  v.  Miller,  G3  Ind.  475. 

4.  CASI.   TRIED  UE  NOVO.     O)i  appeal  the  case  is  tried  de  novo  on  its 
merits. 

[1901,  p.  106.    Approved  March  6,  1901,1 

56.  Interest  in  private  normal  school.     1.    No  county 
superintendent  shall  conduct  or  assist  in  the  conducting  of 
any  private  or  county  normal  school  in  this  state,  or  re- 
ceive any  pay  or  emolument  from  the  management  of  such 
school.     (R.  S.  1908,  §6383.) 

57.  Penalty.     2.     Any  person  violating  the  provisions 
of  this  act  shall  be  fined  in  any  sum  not  exceeding  one  hun- 
dred dollars,  and  shall  be  removed  from  office.     (E.  S.  1908, 
§6384.) 

58.  Duty  of  prosecuting  attorney.     3.     It  shall  be  the 
duty  of  the  prosecuting  attorney  to  bring  an  action  in  the 
name  of  the  state  of  Indiana,  on  relation  of  himself,  against 
any  one  violating  the  provisions  of  this  act,  for  the  enforce- 
ment thereof,  and  he  shall  recover  from  the  defendant  in 
such  action  a  reasonable  attorney  fee.     (E.  S.  1908,  §6385.) 


70 


CHAPTER  V. 

TRUSTEE  OF  TOWNSHIPS,  AND  SCHOOL  TRUSTEES  OF  TOWNS 

AND 'CITIES. 


SEC. 

59.  School  township. 

60.  Oaths. 

Women  eligible  to  school  offices 

Bond  for  women  officers. 

Township  trustee— Election. 

Manner  of  election. 

Ballots  and  ballot  boxes. 

Trustees'  term. 

Trustees — Election — Terms — Duties. 

Cities  exoepted. 

Trustees — Bond — Vacancy . 

General  duties. 

Duration  of  school  term . 

Janitors — Care  and  management   of  school 

property. 
Towns   and   cities,    corporations   for   school 


61. 
62. 
63. 
64. 
65. 
66. 
67. 
68. 
69. 
70. 
71. 
72. 

73. 


74.  Record  —  Duty  as  to  revenue. 

75.  Surplus  special  school  revenue 

76.  Superintendent  in  cities  and  towns. 

77.  Trustee's  reports. 


Failure  to  report. 
Neglecting  dutie 


SEC. 

80.  Failure  to  serve. 

81.  Trustee's  accounts. 

82.  Examination  of  Trustee  and  his  books. 

83.  Correction  of  accounts— Removal. 

84.  Trustees  to  take  enumeration— Who  enum- 
erated. 

85.  Enumeration— When  filed— Retaking. 

86.  Township  in  two  or  more  counties— Report. 

87.  County  Board  of  Education. 

88.  Emergency  school  township  debts  legalized . 

89.  School  township  debts  legalized. 

90.  School  bond  sales  legalized. 

91.  Funding  bonds— Sales  legalized. 

92.  Pending  litigation. 

93.  School  bonds— Issue  legalized. 

94.  Pending  litigation. 

95.  Township  debt  certificates  legalized. 

96.  Advisory  board — Provisions  for  payment. 

97.  Payment— Notice. 

98.  Act  remedial. 

99.  Schools — Sale  of  property. 
100.  Sales  legali/ed. 


11859,  p.  181.    Approved  March  3,  1859.] 

59.  School  township.  1.  Each  and  every  township 
that  now  is,  or  may  hereafter  be,  organized  in  any  county  in 
this  state,  is  hereby  also  declared  to  be  a  school  township, 
aoid,  as  such,  to  be  a  body  politic  and  corporate,  by  the 

name  and  style  of  " school  township  of 

county, ' '  according  to  the  name  of  the  township  and  of  the 
county  in  which  the  same  may  be  organized;  and,  by  such 
name,  may  contract  and  may  be  contracted  with,  sue  and 
be  sued,  in  any  court  having  competent  jurisdiction.  (R.  S. 
1908,  §6404.)  * 

1.  CORPORATION  DISTINCT.  "There  are  two  corporations  in  Greene 
county  [contenniflous  in  territory],  with  almost  the  same  name.  *  *  * 
The  iirst  is  denominated  a  civil  township,  the  second  a  school  township. 
*  *  *  It  must  be  contemplated" that  the  funds,  etc.,  of  these  two  corpora- 
tions shall  be  kept  separate.  It  is  as  an  officer  of  the  school  township,  and 
not  as  an  officer  of  the  civil  township,  that  the  trustee  has  authority  and 


SCHOOL     LAW     OF     INDIANA- 


71 


power  to  levy  a  tax  for  the  erection  of  school  houses,  and  to  expend  the 
same  for  that  purpose.  We  think  it  must  follow  that  it  is  as  trustee  of  the 
school  township,  and  not  as  trustee  of  the  civil  township,  that  the  trustee 
must  contract  for  the  building  of  school  houses.  We  do  not  think  the 
trustees  of  the  civil  township  can  legally  contract  for  the  building  of  a 
school  house  and  make  the  civil  township  liable  therefor." — Carmichael  v. 
Lawrence,  47  Iiid.  554;  Utica  Township  v.  Miller,  62  Ind.  230;  Harrison 
School  Township  v.  McGregor,  96  Ind.  185 ;  Johnson  v.  Smith,  64  Ind.  275 ; 
Inglis  v.  State,  61  Ind.  212;  Wright  v.  Stockman,  59  Ind.  65;  Wingate  v. 
Harrison  School  Township,  59  Ind.  520.  A  civil  township  has  no  power  to 
make  a  contract  for  the  benefit  of  school  property. — Jackson  Township  v. 
Barnes,  55  Ind.  136;  Jackson  Township  v.  Home  Insurance  Company,  54 
Ind.  184;  McLaughlin  v.  Shelby  Township,  52  Ind.  114;  Mcllwaine  v. 
Adams,  46  Ind.  580 ;  Hornby  v.  State,  69  Ind'.  102. 

[1865,  p.  3.    Approved  March  6. 1869.] 

60.  Oaths.     166.     School  officers  are  hereby  authorized 
and  empowered  to  administer  all  oaths  relative  to  school 
business  appertaining  to  their  respective  offices.     (R.  S. 
1908,  §6669.) 

1.  NOTE.  But  school  officers  can  not  administer  oaths  upon  any  other 
than  school  matters,  and  it  is  hold  that  directors  can  not  administer  them 
at  all.  County  superintendents  and  trustees  may  administer  oaths  to 
trustees  and  teachers  reporting  to  them,  and  to  witnesses  in  trials  before 
them. 

[1881,  p.  718,    Approved  April  14,  1881.] 

61.  Women  eligible  to  school  offices.     1.     Any  woman, 
married  or  single,  of  the  age  of  twenty-one  years  and  up- 
wards, and  possessing  the  qualifications    prescribed    for 
men,  shall  be  eligible  to  any  office  under  the  general  or  spe- 
cial school  laws  of  this  state.    (R.  S'.  1908,  §6672.) 

62.  Bond  binding.     2.     Any  woman  elected  or  appointed 
to  any  office  under  the  provisions  of  this  act,  before  she 
enters  upon  the  discharge  of  the  duties  of  the  office  shall 
qualify  and  give  bond  as  required  by  law,  and  such  bond 
shall  be  binding  upon  her  and  her  securities.     (E.  S.  1908, 
§6673.) 

[1897,  p.  64.    Approved  February  25,  1897.J 

63.  Township  Trustee — Assessor — Date  of  Election.     1. 

The  time  for  holding  the  election  of  township  trustees  and 
assessors,  shall  be  changed  from  the  general  election  on 


72  SCHOOL    LAW    OF    INDIANA. 

the  first  Tuesday  after  the  first  Monday  in  November,  1912, 
to  the  general  election  on  the  first  Tuesday  after  the  first 
Monday  in  November,  1914;  and  at  the  general  election 
on  the  first  Tuesday  after  the  first  Monday  in  November  of 
every  fourth  year  thereafter.  (R.  S.  1908,  §6983  as  amended 
L.  1911  p.  113.) 

64.  Manner  of  election.     3.     The  election  of  said  town- 
ship officers  shall  be  conducted  under  the  provisions  of  the 
law  governing  said  general  elections.     (R.  S.  1908,  §6985.) 

65.  .  Ballots  and  Ballot  Boxes.     4.     The  names  of  the  dif- 
ferent candidates  for  said  township  offices  shall  be  printed 
on   separate  ballots   of  a  yellow  color  and   deposited   in 
separate  ballot  boxes  from  that  of  the  state  and  county  bal- 
lots.   Said  ballot  boxes  shall  be  painted  yellow,  and  said  bal- 
lots and  ballot  boxes  shall  be  prepared  in  conformity  with 
the  law  governing  said  general  election.   (R.  S.  1908,  §6986.) 

[1901,  p.  418.    Approved  March  11, 1901.    In  force  May,  1901.1 

66.  Trustees'    term.     3.     The    terms    of    office    of    all 
township  trustees  and  township  assessors  to  be  elected  at 
the  general  election  in  November,  1904,  shall  begin  on  the 
first  day  of  January,  1905,  and  thereafter  the  terms  of  office 
of  all  township  trustees  and  township  assessors  shall  begin 
on  the  first  day  of  January  succeeding  their  election.     (R. 
8.  1908,  §6989.) 

Township  trustees  are  not  eligible  for  more  than  four  years  in  any 
period  of  eight  years.     See  Burns'  R.  S.  1908,  §9564. 

[1905,  p.  437.    Approved  March  6,  1905.  J 

67.  School  trustees — Election — Terms  begin  August  1 
— Duties.  1.  The  common  council  of  each  city  and  the  board 
of  trustees  of  each  incorporated  town  of  this  state  shall 
at  a  regular  meeting  of  such  common  council  or  board  of 
trustees,  after  the  incorporation  of  such  city  or  town,  elect 
three  school  trustees,  who  shall  hold  their  offices  one,  two 
and  three  years,  respectively,  from  and  after  the  first  day 
of  the  next  succeeding  August.    The  term  of  each  of  said 
trustees  shall  be  determined  bv  lot  at  the  time  of  such  elec- 


SCHOOL    LAW    OF    INDIANA.  73 

tion  by  such  common  council  or  board  of  trustees,  and  an- 
nually thereafter  the  common  councils  of  each  city  and  the 
board  of  trustees  of  each  incorporated  town,  at  their  regu- 
lar meetings  in  the  month  of  June,  shall  elect  one  school 
trustee,  who  shall  hold  his  office  for  three  years  from  tlit 
first  day  of  the  next  succeeding  August.  Such  trustees  shall 
constitute  the  school  board  of  the  city  or  town,  and  before 
entering  upon  the  duties  of  their  offices  they  shall  take  an 
oath  faithfully  to  discharge  the  duties  of  the  same.  They 
shall  meet  within  five  days  after  the  first  day  of  August  of 
each  year  and  organize  by  electing  one  of  their  number 
president,  one  secretary  and  one  treasurer.  The  treasurer, 
before  entering  upon  the  duties  of  his  office,  shall  execute 
a  bond  to  the  acceptance  of  the  county  auditor,  conditioned 
as  an  ordinary  official  bond,  with  at  least  two  sufficient  free- 
hold sureties,  who  shall  not  be  members  of  said  board,  in 
a  sum  not  less  than  double  the  amount  of  money  which 
may  come  into  his  hands  within  any  one  year  by  virtue  of 
his  office.  The  president  and  secretary  shall  each  give 
bond,  with  lilce  sureties,  to  be  approved  by  the  county 
auditor,  in  any  sum  not  less  than  one-third  of  the  treasur- 
er's bond:  Provided,  That  in  case  of  a  newly  incorporated 
city  or  town  such  trustees  shall  meet  within  five  days  of 
their  election  and  organize  by  electing  the  officers  and  giv- 
ing the  bonds,  as  herein  provided,  which  officers  and  bonds 
shall  be  continued  until  the  first  day  of  August  next  suc- 
ceeding such  organization.  All  vacancies  that  may  occur 
in  said  board  of  school  trustees  shall  be  filled  by  the  com- 
mon council  or  board  of  trustees  of  the  town,  but  such  elec- 
tion to  fill  a  vacancy  shall  only  be  for  the  unexpired  term. 
The  board  of  school  trustees  shall  within  five  days  after 
the  first  day  of  August  of  each  year  reorganize  their  boards 
and  execute  their  bonds  for  the  ensuing  year.  Said  trus- 
tees shall  receive  for  their  services  such  compensation  as 
the  common  council  of  the  city  or  the  board  of  trustees  of 
the  town  may  deem  just,  which  compensation  shall  be  paid 
from  the  special  school  revenue  of  the  city  or  town:  And, 
provided,  further,  That  the  present  incumbents  of  the  of- 


74  SCHOOL    LAW    OF    INDIANA- 

fices  of  school  trustees  of  any  city  or  town  shall  hold  their 
offices  until  the  first  day  of  August  next  succeeding  the  ex- 
piration of  their  terms:  Provided,  further,  That  the  pro- 
visions of  this  act  relative  to  the  appointment  of  school 
trustees  shall  not  be  mandatory  upon  those  incorporated 
towns  wherein  the  school  corporations  have  been  or  shall 
hereafter  be  abandoned.  (R.  S.  1908,  §6477.) 

68.  Cities  excepted.  2.  The  provisions  of  this  act 
shall  not  apply  to  cities  of  over  fifty  thousand  inhabitants, 
according  to  the  last  preceding  United  States  census.  (R. 
S.  1908,  §6478.) 

1.  School  trustees  for  cities  are  elected  by  the  common  councils  of  the 
respective  cities;  and  they  have  charge  of  the  schools  in  their  respective 
political  districts.    39  Ind.  App.  568. 

2.  The  board  of  commissioners,  and  not  the  city  council  is  the  proper 
party  to  investigate  alleged  misdoings  of  the  school  trustees  of  a  city.    31) 
Ind.  App.  568. 

3.  RESIGNATIONS.      A    resignation   of    a    town    or   city   school    trustee 
should  be  addressed  to  the  body  that  elects,  and  is  complete  without  formal 
acceptance ;  yet  its  withdrawal  even  after  acceptance  but  with  the  consent 
of  the  electing  body  is  equivalent  to  a  reappointuient.     In  case  of  such 
resignation  an  election  to  fill  the  vacancy  may  be  held  before  the  day  set 
for  the  resignation  td  take  effect. — Leach  v.  State,  78  Ind.  570. 

4.  POWER  AS  TO  VACCINATION.     School  trustees  have  the  power,  as  a 
measure  of  public  safety  and  to  guard  'against  a  contagious  disease,  to 
order  school  children  to  be  vaccinated,  but  they  should  exercise  it  with  dis- 
cretion.     In  some   localities  there   is  no   earthly   danger  of  smallpox ;   in 
others — as  a  crowded  city — when  the  disease  has  made  its  appearance  im- 
mediate measures  should  be  taken.    The  school  trustees  of  a  city  or  town 
or  township  may  be  compelled,  by  a  mandate  of  the  courts,  to  enforce  an 
order  of  the  board  of  health  requiring  all  children  to  be  vaccinated  before 
being  permitted  to  attend  the  public  schools  during  a  threatened  epidemic 
of   smallpox. — State  v.    Reil,   157   Ind.   25.      See   also  Blue  v.   Beach,    155 
Ind.  121. 

5.  OFFICE  LUCRATIVE.    As  the  statute  provides  for  the  compensation  of 
town  school  trustees,  their  otlice  is  a  lur-rative  one  within  the  meaning  of 
the  constitution,  and  a  person  can  not  hold  it  at  the  same  time  with  another 
lucrative  office. — Chambers  v.  State,  127  Ind.  365. 

6.  TRUSTEES  CONTRACTING  WITH  THEMSELVES.     School  trustees  can  not 
enter  into  a  contract  with  themselves. — 29  Mich.  19. 

7.  MIRING    OF    TEACHERS    BY    OLD   SCHOOL   BOARD.     A    board   of   school 
trustees     (not    a    township    trustee),    after    their    successors    have    been 
elected,  and  before  tliey  are  entitled  to  serve  as  officers,  may  hire  a  teacher 
for  the  year  beginning  after  their  terms  of  office  will  expire.— School  Town 


SCHOOL    LAW    OF    INDIANA-  75 

of  Milford  v.  Zeigler,  1  lud.  App.  138.  A  school  trustee  of  a  township  can 
not  ignore  his  predecessor's  contract,  because  of  mere  formal  and  technical 
defects.— Sparta  School  Tp.  v.  Mendell,  138  Ind.  188. 

8.  SIGNING  CONTRACT.     If  the  school  board  in  session  hire  a  teacher, 
the  contract  with  him  may  be  signed  at  different  times;  and  a  signing  by  a 
majority  of  the  trustees  is  sufficient. — School  town,  of  Milford  v.  Zeigler, 
1  Ind.  App.  138. 

9.  ABOLISHING   SCHOOL — EFFECT  ON   TEACHER'S  CONTRACT.     A  contract 
with  a  teacher  to  teach  can  not  be  annulled  by  abolishing  the  school  he  was 
to  have  taught.— School  Town  of  Milford  v.  Zeigler,  1  Ind.  App.  138. 

10.  MAJORITY  OF  TRUSTEES  SUFFICIENT  TO  MAKE  A  CONTRACT.     A  contract 
by  two  of  three  trustees,  when  in  session,  "is  valid." — School  Town  of  Mil- 
ford  v.  Zeigler,  1  Ind.  App.  138. 

[1865.  p.  3.    Approved  March  6,  1865.1 

69.  Trustees'   bonds — Vacancy.     6.     The   county   audi- 
tor, in  fixing  the  penalty  and  approving  and  accepting  the 
bonds  of  such  trustees,  shall  see  to  their  sufficiency  to  se- 
cure the  school  revenues  which  may  come  into  their  hands, 
as  well  as  the  ordinary  township  or  other  revenue.    In  case 
of  a  vacancy  in  the  office  of  trustee,  the  county  auditor  shall 
appoint  a  person  to  fill  the  same,  who  shall  take  an  oath 
and  give  bonds  as  required  in  the  last  preceding  section; 
and  said  auditor  shall  report  to  the  superintendent  of  public 
instruction  the  name  and  postoffice  address  of  each  trustee. 
(R.  S.  1908,  §6406.) 

[1899,  p.  424.     Approved  March  4,  1899. 

70.  General  duties.     1.     The  school  trustees  shall  take 
charge  of  the  educational  affairs  of  their  respective  town- 
ships, towns  and  cities.    They  shall  employ  teachers,  estab- 
lish and  locate  conveniently  a  sufficient  number  of  schools 
for  the  education  of  the  children  therein,  and  build,  or 
otherwise  provide  suitable  houses,  furniture,  apparatus  and 
other  articles  and  educational  appliances  necessary  for  the 
thorough  organization  and   efficient   management   of   said 
schools.    Such  school  trustees  may  also  establish  and  main- 
tain in  their  respective  corporations,  as  near  the  center  of 
the  township  as  seems  wise,  at  least  one  separate  graded 
high  school,  to  which  shall  be  admitted  all  pupils  who  are 
sufficiently  advanced:     Provided,  That  the  school  trustees 
of  two  or  more  school  corporations  may  establish  and  main- 


/O  SCHOOL    LAW    OF    INDIANA. 

tain  joint  graded  high  school  [s]  in  lieu  of  separate  graded 
high  schools,  and  when  so  done  they  jointly  shall  have  the 
care,  management  and  maintenance  thereof:  Provided  fur- 
ther, That  any  trustee,  instead  of  building  a  separate  grad- 
ed high  school  for  his  township  shall  transfer  the  pupils  of 
his  township  competent  to  enter  a  graded  high  school  to 
another  school  corporation:  Provided  further,  That  all 
payments  of  tuition,  provided  for  under  this  act,  heretofore 
made  by  school  trustees  for  such  high  school  privileges,  are 
hereby  legalized:  Provided  further,  That  no  such  graded 
high  school  shall  be  so  built  unless  there  are  at  the  time 
such  house  is  built  at  least  twenty-five  common  school 
graduates  of  school  age  residing  in  the  township.  (As 
amended  1901  p.  514,  R.  S'.  1908,  §6410.) 

1.  POWER  OF  TRUSTEE.     The  township  trustee  is  clothed  with  almost 
autocratic  power  in  all  school  matters.    The  voters  and  taxpayers  of  the 
township  have  but  little,  if  indeed  any,  voice  or  part  in  the  control  of  the 
details  of  educational  affairs.    So  far  as  actual  authority  is  concerned,  the 
trustee  is  the  corporation,  although  in  contemplation  of  law  it  is  otherwise. 
— Wallace  v.  Johnson  Tp.,  75  Ind.  368;  Bicknell  v.  Widner  School  Tp.,  73 
Ind.  501. 

2.  PATRONS  CAN  NOT  DESIGNATE  TEACHERS.    There  is  no  provision  of  the 
law  authorizing  any  other  person  than  the  trustee  to  select  a  teacher.     It 
is  therefore  held  that  the  provision  authorizing  the  trustee  to  employ  teach- 
ers, also  authorizes  him  to  select  them,  and  that  school  meetings  are  not 
empowered  by  the  law  to  designate  or  employ  teachers. — Rumble  v.  Parker, 
27  Ind.  App.  69. 

3.  TRUSTEE  CAN  NOT  EMPLOY  HIMSELF.    A  township  trustee,  being  the 
agent  of  the  state  to  employ  teachers  for  the  public  schools,  is  not  author- 
ized to  employ  himself. 

4.  ABANDONED  CORPORATION.     In  case  a  town  abandons  its  corpora tion, 
the  powers  and  duties  of  the  board  of  school  trustees  cease,  the  township 
trustee  succeeds  thereto,  and  it  becomes  his  duty  to  take  charge  of  the 
schools  without  special  notice. 

5.  RESIGNATION  OF  TEACHER.     The  relation  existing  between  trustee 
and  teacher  is  based  on  a  contract.    A  teacher  can  not  resign  and  escape 
liability  without  the  consent  of  the  trustee.     To  abandon  his  school  with- 
out such  consent  is  a  violation  of  his  contract,  and  gives  the  trustee  a 
claim  against  him  for  any  damages  actually  sustained  by  the  school  in  con- 
sequence thereof. 

6.  TRUSTEE  AUTHORIZED  TO  ESTABLISH  SCHOOLS.     Although  the  legisla- 
ture has  limited  the  power  of  the  trustee  in  regard  to  the  removal  of  school 
houses,  and  the  abandonment  of  "district  schools,"   no  change  has  been 
made  in  the  law  which  authorizes  the  trustee  to  establish  schools  and  build 
school  houses  therefor.    State,  ex  rel.,  v.  Black,  166  Ind.  138. 


SCHOOL    LAW    OF    INDIANA-  77 

7.  ABANDONMENT  OF  HIGH  SCHOOLS.     The  patrons  of  a  township  high 
school  have  no  power  either  to  require  the  establishment  of  high  schools  or 
to    prevent    their    abandonment;     the    school    trustee    may    establish    and 
abandon  such  high  schools  under  his  general  powers  given  by  Section  0410 
Bums'  Statutes  1908  without  procuring  the  assent  of  the  patrons  of  such 
schools.      However,    he    must    abandon    any    such    school    bavin?    a    daily 
general  average  attendance  of  twelve  pupils  or  fewer  during  any  school 
year.     If  there  is  being  taught  in  a  district  school  high  school  branches, 
the  trustee  may  abandon   the  high  school   branches  without   abandoning 
the  district  school,  and  this  he  may  do   without  the   assent  of  patrons. 
He  may   not,   however,    abandon   the   teaching   of    German    in    a   district 
school  when  at  least  twenty-five  patrons  have  petitioned  for  such  teaching. 
Kingham,  Attorney-General. 

8.  TOWNSHIP  TRUSTEE  NOT  AUTHORIZED  TO  EMPLOY  A  SUPERINTENDENT 
OF  SCHOOLS.     If  a  school  trustee  believes  it  to  be  to  the  best  interest  of  the 
schools  of  his  corporation,  he  may  employ  a  teacher  in  the  same  way  other 
teachers  are  employed  by  him  who  has  a  license  to  teach,  and  require  him 
to  go  from  school  to  school  in  his  township  and  teach  in  each  of  said  schools 
or  in  any  designated  number  of  such  schools.    There  is,  however,  no  author- 
ity given  such  trustee  to  employ  a  superintendent  for  the  schools  of  his 
township  or  for  any  number  of  such  schools.     Biughain,  Attorney-General. 

71.  Duration  of  school  in  any  year.     2.     Said  school 
trustees  shall  maintain  in  each  school  corporation  a  term  of 
school  at  least  six  months  in  duration,  and  shall  authorize 
a  local  tuition  levy  sufficient  to  conduct  a  six  months'  term 
of  school  each  year  based  on  estimates  and  receipts  from 
all  sources  for  the  previous  year,  which  may  include  that 
received  from  the  state's  tuition  revenue:    Provided,  Such 
levy  shall  not  exceed  the  limit  now  provided  by  law.    ("R.  S. 
1908,  §6411.) 

1.  NOTE.     It  is  legal  to  continue  the  term  in  high  schools  for  a  longer 
I  eriod  than  the  term  in  grade  and  district  schools. 

2.  DONATIONS.     Donations  may  be  received  by  the  school  authorities 
to  extend  the  term  of  school,  and  the  schools  continued  accordingly. 

72.  Janitors — Care   and  management   of   school  prop- 
erty.   3.    Said  school  trustees  shall  have  the  care  and  man- 
agement of  all  property,  real  and  personal,  belonging  to 
their  respective  corporations  for  common  school  purposes, 
except  the    congressional    township    school    lands,    which 
lands  shall  be  under  the  care  and  management  of  the  trus- 
tees of  the  civil  township  to  which  such  lands  belong.  Said 


78  SCHOOL    LAW    OF    INDIANA- 

school  trustees  shall  provide  such  janitor  help  as  may  be 
deemed  necessary  to  properly  care  for  the  schools  and 
premises  under  their  control,  and  such  janitors  shall  be 
paid  from  the  special  school  funds  of  the  township.  (As 
amended  1907,  p.  385  R.  S.  1908,  §6412.) 

[1865,  p.  3.    Approved  March  6,  1865.] 

73.  Towns   and   cities.    4.    Each   civil    township    and 
each  incorporated  town  or  city  in  the  several  counties  of 
the  state  is  hereby  declared  a  distinct  municipal  corpora- 
tion for  school  purposes,  by  the  name  and  style  of  the  civil 
township,  town  or  city  corporation,  respectively,  and  by 
such  name  may  contract  and  be  contracted  with,  sue  and 
be  sued,  in  any  court  having  competent  -jurisdiction ;  and 
the  trustee  of  such  township,  and  the  trustees  provided  for 
in  the  next  section  of  this  act,  shall,  for  their  township, 
town,  or  city,  be  school  trustees  and  perform  the  duties  of 
clerk  and  treasurer  for  school  purposes.   (E.  S.  1908,  §6405.) 

1.  PROPERTY  AND  REVENUES.  When  a  village  becomes  incorporated  the 
school  town  thus  created  becomes,  as  trustee  by  statute,  the  successor  of 
the  township  in  the  right  to  the  possession  and  control  of  school  property 
within  its  territory. — School  Town  of  Leesburg  v.  Plain  Township,  86  Ind. 
582.  And  as  soon  as  school  trustees  are  appointed  and  qualified  they  have 
a  right  to  demand  and  receive  of  the  township  trustee  whatever  sums  of 
money  he  has  received  by  reason  or  on  account  of  the  school  children  resid- 
ing within  or  transferred  to  the  town,  and  he  can  not  lawfully  withhold  it 
on  any  ground.  He  received  and  held  it  in  trust  for  those  children. — John- 
son v.  Smith,  64  Ind.  275. 

[1865,  p.  3.    Approved  March  6,  1865,] 

74,  Record — Duty  as  to  revenue.     8.     The  trustees  shall 
keep  a  record  of  their  proceedings  relative  to  the  schools, 
including  all  orders  and  allowances  on  account  thereof;  in- 
cluding, also,  accounts  of  all  receipts  and  expenditures  of 
school  revenue,  distinguishing  between  the  special  school 
revenue  belonging  to  their  township,  town  or  city,  and  the 
school  revenue  for  tuition,  which  belongs  to  the  state,  and 
by  it  apportioned  to  their  township,  town  or  city;  which 
said  revenue  for  tuition  they  shall  not  permit  to  be  ex- 
pended for  any  other  purpose,  nor  even  for  that  purpose 
in  advance  of  its  apportionment  to  their  respective' corpora- 
tions.    (E.  S.  1908,  §6408.) 


SCHOOL    LAW    OF    INDIANA-  79 

[1877,  p.  18.    Approved  March  3,  1877.] 

75.  Surplus  special  school  revenue.     1.    It  shall  be  the 
duty  of  the  board  of  school  trustees  of  any  city  or  incor- 
porated town  in  this  state  to  pay  over  to  the  common  coun- 
cil or  board  of  trustees  of  such  city  or  town  any  surplus 
special  school  revenue  in  the  hands  of  such  school  trustees, 
not  necessary  to  meet  current  expenses ;  such  excess  of  the 
revenue  aforesaid  to  be  applied  for  the  payment  of  the  in- 
terest or  principal,  or  both,  of  any  indebtedness  incurred 
under  the  provisions  of  the  act  of  March  8,  1873,  author- 
izing cities  and  incorporated  towns  to  negotiate  and  sell 
bonds  to  procure  means  to  erect  and  complete  unfinished 
school  buildings,  and  to  purchase  any  ground  and  building 
for  school  purposes,  and  to  pay  debts  contracted  for  the 
erection    and   purchase   of   buildings   and   grounds.      (As 
amended  1879,  p.  95,  R.  S.  1908,  §6489.) 

1.  PAYMENT  FOB  SCHOOL  HOUSE.  A  city  can  not  pay  for  a  school 
house  out  of  its  general  fund.  Such  payment  must  be  paid  out  of  a  fund 
especially  levied  for  that  purpose.— Nill  v.  Jenkinson,  15  Ind.  425. 

[1873,  p.  68.    Approved  March  8,  1873.] 

76.  Superintendent  in  cities  and  towns.     12.     The  school 
trustees  of  incorporated  towns  and  cities  shall  have  power 
to  employ  a  superintendent  for  their  schools  (whose  salary 
shall  be  paid  from  the  special  school  revenue),  and  to  pre- 
scribe his  duties,  and  to  direct  in  the  discharge  of  the  same. 
(E,  S.  1908,  §6488.) 

1.  COMPENSATION.     In  case  a  person  is  employed  to  superintend  part 
of  the  time  and  teach  part  of  the  time,  he  can  be- paid  for  the  services  he 
renders  as  superintendent  out  of  the  special  revenue,  and  for  the  services 
he  renders  as  teacher  out  of  the  tuition  revenue.     If  paid  anything  from 
the  latter,  he  must  possess  a  valid  license. 

2.  LENGTH  OF  EMPLOYMENT.     A  city  or  town  superintendent  may  be 
employed  for  one  or  more  years,  but  it  is  not  advisable  to  employ  him  for 
more  than  three. 

11883,  p.  118.    Apppoved  March  6,  1883.] 

77.  Trustees'  reports.     21.     The  trustees  of  each  town- 
ship, town  or  city,  shall,  annually,  on  the  first  Monday  of 
August,  make  their  report  for  the  school  year  ending  on 
the  31st  day  of  July,  and  furnish  to  the  county  superin- 


80  SCHOOL    LAW    OF    INDIANA- 

tendent  the  statistical  information  obtained  from  teachers 
of  the  schools  of  their  respective  townships,  towns,  or 
cities,  and  embody  in  a  tabular  form  the  following  addi- 
tional items:  The  number  of  districts;  schools  taught, 
and  their  grades;  teachers,  males  and  females;  average 
compensation  of  each  grade;  balance  of  tuition  revenue  on 
hand  at  the  commencement  of  the  current  year;  amount  re- 
ceived during  the  year  from  the  county  treasurer,  and 
amount  expended  within  the  year  for  tuition;  and  balance 
on  hand;  length  of  school  taught  within  the  year,  in  days; 
school  houses  erected  during  the  year;  the  cost  of  the  same; 
'the  number  and  kind  before  erection,  and  the  estimated 
value  thereof,  and  of  all  other  school  property;  number  of 
volumes  in  the  library,  and  the  number  taken  out  during 
the  year  ending  the  31st  day  of  July;  also  the  number  of 
volumes  added  thereto;  assessment  on  each  one  hundred 
dollars  of  taxable  property,  and  on  each  poll  of  special  tax 
for  school  house  erection,  and  amount  of  such  levy ;  balance 
of  special  school  revenue  on  hand  at  the  commencement  of 
the  current  year;  amount  received  during  the  year  from  the 
county  treasurer;  the  amount  of  said  revenue  expended 
during  the  year,  and  balance  on  hand ;  the  number  of  acres 
of  unsold  congressional  school  lands,  the  value  thereof,  and 
the  income  therefrom ;  together  with  such  other  information 
as  may  be  called  for  by  the  county  superintendent  and  the 
superintendent  of  public  instruction.  (R.  S.  1908,  §6425.) 

[1865,  p.  3.     Approved  March  6,  1865.] 

78.  Failure  to  report.  22.  On  failure  of  any  trustee  to 
make  either  the  statistical  report  required  by  the  last  pre- 
ceding section,  or  the  report  of  the  enumeration  required 
by  the  sixteenth  section  of  this  act  [§  4473],  or  the  report 
of  finances  required  by  the  seventh  section  of  this  act 
[§  4441],  to  the  county  superintendent,  at  the  time,  and  in 
the  manner  specified  for  each  of  said  reports,  the  county 
superintendent  to  whom  such  reports  are  due  shall,  within 
one  week  of  the  time  the  next  semi-annual  apportionment 
is  to  be  made  by  the  auditor  of  the  county,  notify  said 
auditor,  in  writing,  of  any  such  failure;  and  the  auditor 


SCHOOL    LAW    OF    INDIANA.  81 

shall  diminish  the  apportionment  of  said  township,  town  or 
city  by  the  sum  of  twenty-five  dollars,  and  withhold  from 
the  delinquent  trustee  the  warrant  for  the  money  appor- 
tioned to  his  township,  town  or  city,  until  such  delinquent 
report  is  duly  made  and  filed.  For  said  twenty-five  dollars, 
and  any  additional  damages  which  the  township,  town  or 
city  may  sustain,  by  reason  of  stopping  said  money,  such 
trustee  shall  be  liable  on  his  bond,  for  which  the  county 
commissioners  may  sue.  (R.  S.  1908,  §6426.) 

79.  Neglecting  duties.     23.     If  a  trustee  shall  fail  to 
discharge    any   of   the    duties  of  his  office  relative  to  the 
schools,  any  person  may  maintain  an  action  against  him 
for  every  such  offense,  in  the  name  of  the  state  of  Indiana, 
and  may  recover,  for  the  use  of  the  common  school  fund, 
any  sum  not  exceeding  ten  dollars;  which  sum,  when  col- 
lected, shall  be  paid  into  the  county  treasury,  and  added 
by  the  county  auditor  to  said  fund,  and  reported  accord- 
ingly.    (R,  S.  1908,  §6427.) 

80.  Failing  to  serve.     24.     Any  person  elected  or  ap- 
pointed such  trustee,  who  shall  fail  to  qualify  and  serve  as 
such,  shall  pay  the  sum  of  five  dollars,  to  be  recovered  as 
specified  in  the  preceding  section  for  the  use  therein  named, 
and  in  like  manner  added  to  said  fund,  unless  such  person 
shall  have  previously  served  as  such  trustee.     (R.  S.  1908, 
§6428.) 

81.  Trustee's  accounts.     141.     The  books,  papers  and 
accounts  of  any  trustee,  relative  to  schools,  shall  at  all 
times  be  subject  to  the  inspection  of  the  county  superin- 
tendent, the  county  auditor,  and  the  board  of  county  com- 
missioners of  the  proper  county.     (R.  S.  1908,  §6429.) 

82.  Examination  of  trustee  and  his  books.     142.    For 
the  purpose  of  such  inspection,  such  county  superintendent, 
auditor,  and  board  of  county  commissioners  may,  by  sub- 
prena,  summon  before  them  any  trustee,  and  require  the 

[G— 27277] 


82  SCHOOL    LAW    OF    INDIANA- 

production  of  such  books,  papers  and  accounts,  three  days' 
notice  of  the  time  to  appear  and  produce  them  being  given. 
(R.  S.  1908,  §6430.) 

83.  Correction    of    accounts — Removal.     143.     If    any 
such  books  and  accounts  have  been  imperfectly  kept,  said 
board  of  commissioners  may  correct  them,  and,  if  fraud 
appear,  shall  remove  the  person  guilty  thereof.    (R.  S.  1908, 
§6431.) 

[1895,  p.  127.    Approved  March  5,  1895.] 

84.  Trustee  to  take  enumeration — Who  enumerated.     14. 
The  school  trustees  of  the  several  townships,  towns  and 
cities  shall  take  or  cause  to  be  taken,  between  the  tenth  day 
of  April  and  the  thirtieth  day  of  the  same  month,  each  year, 
an  enumeration  of  all  unmarried  persons  between  the  ages 
of  six  and  twenty-one  years  resident  within  the  respective 
townships,  towns  and  cities. 

Each  person  required  or  employed  to  take  such  enumera- 
tion shall  take  oath  or  affirmation  to  take  the  same  accu- 
rately and  truly  to  the  best  of  his  skill  and  ability.  Such 
oath  or  affirmation  shall  be  made  a  matter  of  record  and 
kept  on  file  in  the  office  of  the  school  trustee. 

In  making  the  said  enumeration,  the  trustee,  or  person  so 
employed,  shall  distinguish  between  the  white  and  colored 
children,  enumerating  them  in  separate  lists,  and  shall  list 
the  names  of  parents,  guardians,  heads  of  families,  or  per- 
sons having  charge  of  such  child  or  children,  male  or  fe- 
male, shall  list  the  full  name  and  give  the  sex  and  age  of 
each  child  so  enumerated,  shall  secure  the  signature  of 
either  parent,  guardian,  head  of  family,  or  person  having 
charge  of  such  child  or  children,  certifying  to  the  correct- 
ness of  the  same,  or  if  this  is  impossible,  shall  secure  the 
signature  of  some  responsible  person  who  can  certify  to 
the  correctness  of  said  list;  and  he  shall  give  the  number 
of  the  school  district  to  which  such  parent,  guardian,  head 
of  family  or  person  having  charge  of  such  child  or  chil- 
dren is  attached  for  school  purposes,  and  the  number  and 
initials  which  designate  the  congressional  township  in 


SCHOOL    LAW    OF    INDIANA- 


83 


which  such  parent,  guardian,  head  of  family  or  person  hav- 
ing charge  of  such  child  or  children  resides.  In  cities  the 
said  enumuerator  shall  give,  in  addition  to  the  above  enum- 
erated items,  the  street  and  number  of  residence  of  such 
person.  He  shall  include  in  such  list  all  unmarried  persons 
between  the  ages  of  six  and  twenty-one  years,  whose  par- 
ents, guardians,  heads  of  families  or  persons  having  charge 
of  such  child  or  children,  shall  have  been  transferred  to 
his  township,  town  or  city  for  school  purposes ;  and  he  shall 
exclude  from  such  list  all  persons  whose  parents,  guard- 
ians, heads  of  families  or  persons  having  charge  of  such 
child  or  children  shall  have  been  transferred  from  his  town- 
ship, town  or  city  for  school  purposes.  He  shall  not  include 
in  such  list  any  persons  residing  temporarily  in  his  town- 
ship, town  or  city  for  the  purpose  of  attending  school,  or 
who  are  members  of  a  family  staying  temporarily  in  his 
township,  town  or  city,  but  whose  actual  residence  is  else- 
where. He  shall  include  in  his  list  such  unmarried  persons 
between  six  and  twenty-one  years  of  age  as  are  dependent 
upon  themselves  and  not  under  charge  of  parents,  guardian 
or  heads  of  families,  and  shall  so  designate  such  persons 
in  a  separate  list,  giving  in  cities  the  street  and  number 
of  the  residence  of  such  persons.  He  shall  enumerate  no 
one  who  is  not  reported  to  him  personally,  and  properly 
certified  to  as  herein  provided,  except  in  cases  of  minors 
who  are  dependent  upon  no  one,  and  not  inmates  of  any 
family  who  may  be  reported  as  herein  provided  for :  Pro- 
vided, That  if  any  parent,  guardian,  head  of  family  or  per- 
son having  charge  of  any  child,  shall  be  absent,  the  enum- 
erator shall  ascertain  the  facts  required  from  other  reliable 
sources,  and  sign  his  own  name  to  the  certificate  herein  re- 
quired; and  in  case  any  parent,  guardian,  head  of  family 
or  person  having  charge  of  any  child  entitled  to  school 
privileges  shall  refuse  to  report  to  the  enumerator  any 
facts  herein  required,  necessary  to  a  full  and  accurate 
enumeration,  he  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  fined  not  less  than  one  nor 
more  than  ten  dollars.  Each  person  required  or  employed 


84  SCHOOL    LAW    OF    INDIANA- 

to  take  the  enumeration  as  provided  for  in  this  act,  shall, 
when  making  returns  of  said  enumeration  to  the  proper 
officers,  make  affidavit  or  affirmation  that  he  has  taken  and 
returned  the  enumeration  in  accordance  with  the  provi- 
sions of  this  act,  to  the  best  of  his  knowledge  and  belief, 
and  that  such  list  contains  the  names  of  all  persons  entitled 
to  be  enumerated,  and  no  others.  The  officer  to  whom  such 
return  is  required  to  be  made  may  take  and  shall  certify 
such  affidavit  or  affirmation,  and  shall  keep  in  his  office 
such  affidavit  or  affirmation  and  such  report  and  list  of 
names ;  and  each  person  so  taking  and  returning  the  enum- 
eration shall  be  allowed  by  the  township  school  trustee,  or 
the  school  trustees  of  incorporated  towns  or  cities,  reason- 
able compensation  per  diem  for  his  services,  to  be  paid  out 
of  the  special  school  fund  of  such  township,  town  or  city. 
Any  person  appointed  as  enumerator,  or  any  officer 
through  whose  hands  the  enumeration  required  by  this  act 
shall  pass,  who  shall  knowingly  enumerate  persons  not  en- 
titled to  be  enumerated,  or  who  shall  in  any  manner  add 
to  or  take  from  the  number  actually  enumerated,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  of 
such  offense,  shall  be  fined  in  any  sum  not  less  than  five 
nor  more  than  one  hundred  dollars,  or  imprisonment  in  the 
county  jail  not  less  than  ten  nor  more  than  thirty  days,  at 
the  discretion  of  the  court.  (E.  S.  1908,  §6447.) 

1.  ENUMERATORS  TO  BE  PAID  BY  THE  DAY.  A  school  board  has  no  au- 
thority whatever  to  let  a  genera!  contract  to  take  the  school  enumeration, 
nor  has  it  any  authority  to  pay  its  employes  in  taking  such  enumeration, 
otherwise  than  by  the  day. — Bingham,  Attorney-General. 

[1895,  p.  127.    Approved  March  5, 1895.] 

85.  Enumeration,  where  filed — Retaking.  18.  Each 
township  trustee  and  the  president  of  the  board  of  school 
trustees  of  towns  and  cities  shall,  on  or  before  the  first  day 
of  May,  annually,  report  to  and  file  with  the  county  super- 
intendent of  the  proper  county,  a  copy  of  the  enumeration 
for  school  purposes  of  his  township,  town  or  city,  with  a 
list  of  transfers  to  such  township,  town  or  city,  with  his 
affidavit  endorsed  thereon  to  the  effect  that  the  same  is,  to 


SCHOOL    LAW    <)F    INDIANA-  85 

the  best  of  his  knowledge  and  belief,  full  and  accurate  and 
taken  in  accordance  with  the  provisions  of  the  law  govern- 
ing the  enumerations.  When  said  county  superintendent, 
however,  on  an  examination  of  the  enumeration  returns  of 
any  township,  town  or  city,  finds  any  evidence  that  the 
enumeration  is  excessive  in  number  or  in  any  other  way 
incorrect  he  may  require  the  same  to  be  retaken  and  re- 
turned, and  if  he  deem  it  necessary  he  may,  for  this  pur- 
pose, appoint  persons  to  perform  the  service,  who  shall 
take  the  same  oath,  perform  the  same  duties,  and  receive 
the  same  compensation  out  of  the  same  funds  as  the  per- 
son or  persons  who  took  the  enumeration  in  the  first  place, 
and  the  school  revenue  shall  be  distributed  to  such  school 
corporation  upon  the  corrected  returns.  (R.  S.  1908,  §6463.) 

[1865,  p.  3.    Approved  March  6,  1865.1 

86.  Township  in  two  or  more  counties — Report.     19. 

When  a  congressional  township  is  located  in  two  or  more 
counties,  the  proper  trustees  for  each  portion  thereof  in  the 
several  counties  shall  report,  at  the  same  time  and  in  like 
manner  as  provided  in  the  last  preceding  section,  to  the 
county  superintendent  of  the  county  in  which  the  congres- 
sional township  fund  of  such  township  is  held  in  trust  and 
managed.  (R.  S.  1908,  §6464.) 

1.  EXPLANATION.  This  section  requires  that  when  a  congressional 
township  is  located  in  two  or  more  counties,  the  proper  trustees  for  each 
portion  thereof  shall  make  two  separate  and  distinct  reports  of  enumera- 
tion. 

[1877,  p.  122.    Approved  March  2,  1877.] 

87.  County  board  of  education.     8.     The  county  super- 
intendent and  the  trustees  of  the  townships,  and  the  chair- 
man of  the  school  trustees  of  each  town  and  city  of  the 
county  shall  constitute  a  county  board  of  education.    Said 
board  shall  meet  semi-annually  at  the  office  of  the  county 
superintendent  on  the  first  days  of  May  and  September  (un- 
less the  said  days  be  Sunday,  and  if  so,  on  the  day  follow- 
ing), a  majority  of  whom  shall  constitute  a  quorum.     The 
county  superintendent  shall  preside  at  the  meetings  of  the 


86  SCHOOL    LAW    OF    INDIANA- 

board,  shall  be  allowed  to  vote  on  all  questions  as  other 
members  of  the  same  are  allowed  to  vote.  Said  board  shall 
Consider  the  general  wants  and  needs  of  the  schools  and 
school  property  of  which  they  have  charge,  and  all  matters 
relating  to  the  purchase  of  school  furniture,  books,  maps, 
charts,  etc.  The  change  of  text-books,  except  cities,  and 
the  care  and  management  of  township  libraries,  shall  be 
determined  by  such  board,  and  each  township  shall  con- 
form as  nearly  as  practicable  to  its  action ;  but  no  text-book 
hereafter  adopted  by  the  county  board  shall  be  changed 
within  six  years  from  the  date  of  such  adoption,  except  by 
unanimous  vote  of  all  the  members  of  such  board:  Pro- 
vided, That  any  text-book  heretofore  adopted  by  the  county 
board  of  education  shall  not  be  changed  within  three  years 
from  the  date  of  its  adoption.  (R.  S.  1908,  §6403.) 

1.  QUORUM,  RULES  AND  REGULATIONS,  RECORDS,  ETC.  In  the  absence  of 
the  county  superintendent  the  board  may  appoint  one  of  its  members  presi- 
dent pro  tern.  No  action  can  be  taken  by  the  board  unless  a  majority  of  all 
the  members  are  present.  If  such  majority  be  present  at  any  meeting  the 
board  may  take  legal  action  upon  suitable  questions  by  a  majority  vote  of 
those  present ;  but  some  questions  require  a  majority  vote,  and  others  a 
unanimous  vote,  of  all  the  members  of  the  board. 

The  board  may  adopt  rules  and  regulations  for  the  government  of  the 
schools  of  the  county. 

It  is  very  important  that  school  officers  and  county  boards  should  make 
a  careful  record  of  their  proceedings.  If  a  board  takes  any  legal  action, 
and  fails  to  record  it,  or  makes  an  incorrect  record,  the  record  can  be 
amended  by  order  of  the  board  at  a  subsequent  meeting.  A  legal  act  is  not 
necessarily  void  by  reason  of  a  failure  to  make  a  record  of  it;  but  if  a 
'question  should  arise  as  to  the  action  of  a  board,  evidence  may  be  taken  at 
a  subsequent  meeting  outside  the  records,  and  a  new  record  may  be  made 
in  accordance  with  the  fact  as  ascertained. 

The  county  board  and  trust^s  have  the  right  to  make  such  rules  and 
regulations,  according  to  law,  as  will  tend  to  promote  the  general  good  of 
the  public  schools,  and  it  is  the  duty  of  teachers  to  carry  out  such  rules  in 
good  faith. 

[1911,  p.  350,    Approved  March  4,  1911.  J 

88.     Emergency  School  Township  Debts  Legalized.     1. 

Whenever,  since  the  enactment  of  an  act  entitled  "An  act 
concerning  township  busiess,"  approved  February  27,  1899, 
Burns'  Revised  Statutes  1908,  sections  9590  et  seq.,  and 
prior  to  March  5th,  1909,  any  township  advisory  board  of 


SCHOOL    LAW    OF    INDIANA-  87 

any  township  in  the  State  of  Indiana,  when  convened  in 
regular  or  special  session  at  which  a  quorum  of  all  the  then 
members  of  such  advisory  board  was  present  and  acting, 
such  advisory  board  by  the  consent  and  vote  of  such  quorum 
shall  have  found  that  an  emergency  and  necessity  existed  for 
the  construction  of  a  new  school  building  or  an  addition  to 
a  then  existing  school  building  in  said  township, 
that  the  cost  thereof  would  be  in  excess  of  the  sum  available 
therefor  out  of  the  annual  levy  in  said  township,  and  there- 
upon, by  the  consent  and  vote  of  such  quorum,  the  trustee 
of  said  township  was  authorized  to  borrow  money  to  pay  the 
cost  of  construction  of  such  new  school  building  or  of  such 
addition  to  such  then  existing  school  building,  and  to  is- 
sue and  make  the  obligation  or  obligations  of  such  town- 
ship therefor,  but  by  oversight  or  neglect  such  finding,  con- 
sent, vote  and  authority  of  said  advisory  board  was  not  en- 
tered of  record  and  signed,  but  said  trustee,  in  pursuance 
of  such  consent,  vote  and  authority,  did,  in  good  faith,  bor- 
row money  necessary  for  the  construction  of  such  school 
building  or  addition  to  a  then  existing  school  building,  and 
in  good  faith  executed  the  written  obligation  or  obligations 
of  such  township  therefor,  to  run  not  exceeding  five  years 
and  to  bear  not  exceeding  six  per  centum  interest  per  an- 
num and  such  money  so  borrowed  was,  in  good  faith,  act- 
ually expended  in  the  construction  of  such  new  school  build- 
ing or  such  addition  to  a  then  existing  school  building,  then, 
in  all  such  cases,  the  indebtedness  so  authorized  and  con- 
tracted, the  proceeds  of  which  was  so  used,  and  said  written 
obligation  or  obligations  so  executed  therefor,  shall  be  and 
are  hereby  legalized,  validated  and  made  the  legal  obliga- 
tion or  obligations  of  said  school  township  in  which  such 
action  was  taken  and  such  school  building  or  addition  was 
constructed,  to  the  same  extend  [extent]  as  if  such  finding, 
consent,  vote  and  action  had  been  duly  made,  given  and 
taken  and  such  record  made  and  signed  in  strict  accordance 
with  said  act  approved  February  27,  1899,  and  any  and  all 
amendments  and  additions  thereof,  and  thereto  and  any  and 
all  amendments  of  anv  section  thereof,  and  taxes  shall  be 


88  SCHOOL    LAW    OF    INDIANA. 

duly  levied  in  said  township  to  raise  money  to  pay  off  such 
obligation  or  obligations  according  to  the  terms  thereof: 
Provided,  That  nothing  in  this  act  shall  affect  any  pending 
litigation  in  any  of  the  courts  of  this  state. 

[1911,  p.  27.    Approved  February  16,  1911.  J 

89.  School  Township  Debts  Legalized.  1.  Whenever, 
since  the  enactment  of  "An  act  concerning  township  busi- 
ness," approved' February  27,  1899,  Burns'  Revised  Stat- 
utes, 1908,  section  9590,  etc.,  and  prior  to  June  27,  1905,  the 
date  when  a  transfer  to  the  supreme  court  of  Indiana  was 
denied  in  the  cause  of  Lincoln  School  Township  vs.  Union 
Trust  Company  of  Indianapolis,  reported  in  vol.  36,  page 
113,  of  the  reports  of  the  appellate  court  of  Indiana,  any 
school  township  in  Indiana,  acting  by  its  trustee,  shall  have 
in  good  faith  attempted  to  comply  with  the  act  entitled 
"An  act  to  limit  the  powers  of  township  trustees  in  incur- 
ring debts,  and  requiring  him  to  designate  certain  days  for 
the  transaction  of  township  business,"  approved  March  11, 
1875,  Burns'  Revised  Statutes  1908,  section  9583,  and  shall 
have  procured  the  consent  and  order  of  the  board  of  com- 
missioners of  the  proper  county  at  any  regular  or  special 
session  thereof  to  borrow  money  on  behalf  of  such  school 
township  for  the  purpose  of  erecting  school  buildings  in 
such  township,  and  shall  have,  pursuant  to  such  an  order 
of  such  board  of  commissoners,  borrowed  any  sum  of  money 
from  persons  or  corporations  loaning  the  same  in  good  faith 
to  such  township,  and  such  township  shall  have  executed  to 
such  persons  or  corporations  its  written  obligations  in  evi- 
lence  of  and  for  the  amount  of  such  loans,  and  said  sum 
of  money  so  borrowed  shall  have  been  faithfully  expended 
by  such  school  township  in  paying  for  the  school  buildings 
for  which  it  was  authorized  to  be  borrowed  by  such  order 
of  such  boards  of  commissioners,  then  and  in  all  such  cases 
such  debts  so  authorized,  and  the  proceeds  of  which  were 
so  used,  and  the  obligatons  of  such  school  townships  evi- 
dencing such  debts,  shall  be  and  are  hereby  legalized  and 
validated  to  the  same  extent  as  if  said  debts  had  been  duly 
authorized  by  the  advisory  boards  of  such  townships;  also 


SCHOOL    LAW    OF    INDIANA.  89 

that  all  payments  of  principal  or  interest  on  account  of  the 
aforesaid  debts  made  by  the  trustees  and  advisory  boards 
of  such  townships  shall  be  and  are  hereby  legalized  and 
validated;  also,  that  all  debts  heretofore  created  by  such 
school  townships  for  money  borrowed  and  used  for  the  pur- 
pose of  paying  the  principal  or  interest  on  the  class  of  debts 
first  herein  described,  and  all  obligations  evidencing  such 
last  described  debts,  be  and  the  same  are  hereby  legalized 
and  validated,  all  to  the  same  extent  as  if  said  debts,  and 
the  obligations  evidencing  the  same,  had  been  duly  made 
and  authorized  by  the  advisory  boards  of  such  townships 
in  strict  conformity  with  said  act,  approved  February  27, 
1899. 

U911,  p.  613.    Approved  March  6,  1911.1 

90.  School  Bond  Sales  Legalized.     1.    That  all  bonds 
heretofore  issued  and  sold  by  the  township  trustee  of  any 
township  pursuant  to  the  order  of  the  advisory  board  of 
any  such  township  in  this  state,  for  the  purpose  of  providing 
money  for  the  construction  of  any  school  building  under 
color  of  any  statute  of  this  state,  where  the  purchase  price 
for  said  bonds  has  been  actually  received  and  retained  or 
used  for  the  purpose  for  which  said  bonds  were  ordered  to 
be  sold,  are  hereby  legalized;   and  all  proceedings  or  acts 
of  any  such  advisory  board  or  trustee  under  which  said 
bonds  were  issued  and  sold  are  hereby  fully  legalized  and 
declared  valid. 

91.  Funding    Bonds— Sales     Legalized.     2.    That     all 
bonds  heretofore  issued  and  sold  by  the  township  trustee 
of  any  township,  pursuant  to  the  order  of  the  advisory  board 
of  any  such  township  in  this  state,  for  the  purpose  of  re- 
funding any  outstanding  indebtedness   of  such   township 
under  color  of  any  statute  of  this  state,  where  the  purchase 
price  for  said  bonds  has  been  actually  received  and  retained 
by  such  township  or  used  for  the  purpose  for  which  said 
bonds  were  ordered  to  be  sold,  are  hereby  legalized;  and 
all  proceedngs  or  acts  of  any  such  advisory  board  or  trus- 
tee under  which  said  bonds  were  issued  and  sold,  are  hereby 
fully  legalized  and  declared  valid. 


90 


SCHOOL    LAW    OF    INDIANA- 


92.  Pending  Litigation.     3.     Nothing  in   this  act  con- 
tained shall  be  so  construed  as  to  affect  any  pending  liti- 
gation or  to  legalize  any  bond  or  bonds  issued  or  sold  in 
excess  of  any  constitutional  limitation  of  the  amount  of  in- 
debtedness authorized  to  be  created. 

[1911,  p.  42.    Approved  February  24,  1911.] 

93.  School  Bonds— Issue  Legalized.     2.     Any  and  all 
bonds  heretofore  issued  and  sold  by  the  order  or  direction 
of  the  board  of  trustees  or  other  authorities  of  any  school 
city  or  school  town  of  this  state  under  color  of  any  statute 
of  this  state,  for  the  purpose  of  providing  money  for  the 
use  of  such  school  city  or  school  town,  where  the  purchase 
price  for  said  bonds  as  been  actually  received  and  retained 
or  used  for  the  purpose  for  which  said  bonds  were  ordered 
to  be  sold,  are  hereby  legalized;    and  all  proceedings  or 
acts  of  any  such  board  of  trustees  or  other  officer  under 
which  said  bonds  were  issued  and  sold,  are  hereby  fully 
legalized  and  declared  valid. 

94.  Pending  Litigation.     3.     Nothing  in  this  act  con- 
tained shall  be  so  construed  as  to  affect  any  pending  liti- 
gation or  to  legalize  any  bond  or  bonds  issued  or  sold  in 
excess  of  any  constitutional  or  statutory  limitation  of  the 
amount  of  indebtedness  authorized  to  be  created. 

[1911,  p.  141.    Approved  March  2,  1911.1 

95.  Township  Debt  Certificates  Legalized.     1.    All  or- 
ders, warrants  or  certificates  of  indebtedness  drawn  and 
issued  by  any  township  trustee  on  the  advice  and  consent  of 
the  advisory  board  of  said  township  against  any  fund  what- 
soever, which  were  drawn  and  issued  subsequent  to  January 
1,  1900,  beng  the  first  day  of  the  calendar  year  for  which 
appropriations  could  have  been  made,  by  the  township  ad- 
visory boards,  pursuant  to  the  provisons  of  the  act  entitled 
"An  act  concerning  township  business/'  and  which  orders, 
warrants  or  certificates  of  indebtedness  were  based  upon 
emergencies  declared  by  the  advisory  board  and  appropria- 
tions made  therefor  and  for  work  done  and  material  pur- 


SCHOOL    LAW    OF    INDIANA.  9l 

chased  on  the  order  of  said  advisory  board  and  which  or- 
ders, warrants  or  certificates  of  indebtedness  were  executed 
by  the  trustee  and  approved  by  the  advisory  board  of  said 
township  and  for  which  the  township  received  the  full  bene- 
fit, but  for  the  payment  of  which  orders,  warrants  or  cer- 
tificates of  indebtedness  the  advisory  board  failed  at  its  next 
regular  session,  after  having  authorized  same,  to  make  pro- 
visions for  the  payment  of  the  same  and  which  orders,  war- 
rants or  certificates  of  indebtedness  are  still  unpaid  and  out- 
standing because  of  such  failure  to  make  provision  for  the 
payment  of  same  are  hereby  declared  to  be  legal  and  valid 
claims  against  such  township:  Provided,  That  nothing  in 
this  act  shall  in  any  way  affect  any  suit  now  pending  in 
any  of  the  courts  of  Indiana  but  the  same  shall  be  heard 
and  determined  the  same  as  if  this  act  had  not  been  passed. 

96.  Advisory  Board — Provisions  for  Payment.    2.    The 
township  advisory  board  of  any  township  where  orders, 
warrants  or  certificates  of  indebtedness  of  the  kind  and 
class  described  in  section  1  of  this  act  are  outstanding  is 
hereby  authorized  and  empowered  to  make  immediately 
provisions  for  the  payment  of  such  orders,  warrants  or  cer- 
tificates of  indebtedness  by  appropriating  therefor,  as  pro- 
vided in  the  act  creating  such  advisory  board  any  funds  in 
the  township  treasury  not  now  otherwise  appropriated,  or 
by  making  a  temporary  loan  of  sufficient  funds  to  make  such 
payments.    Such  loans  to  be  made  in  accordance  with  the 
provisions  of  the  law  providing  for  temporary  loans  and 
such  township  advisory  board  shall  then  at  its  next  annual 
meeting  appropriate  and  levy  a  sum  sufficient  to  pay  such 
loan,  or  by  directing  the  issuing  of  bonds  of  such  township 
in  a  sufficient  amount  to  make  such  payment,  such  bonds 
to  be  issued  as  now  provided  for  bonds  for  the  building  of 
new  school  houses,  not  to  exceed  five  years  and  not  less  than 
one-fifth  to  be  paid  each  year,  provision  for  the  payment  of 
which  to  be  made  by  the  advisory  board  at  each  annual 
meeting  until  the  same  shall  be  paid. 

97.  Payment — Notice.     3.     As   soon   as   the  fund   pro- 
vided for  by  this  act  shall  have  become  available  the  town- 


92  SCHOOL    LAW    OF    INDIANA. 

ship  trustee  shall  at  once  give  notice  that  there  are  funds 
in  the  township  treasury  to  pay  such  warrants,  which  notice 
shall  be  by  publication  for  two  successive  weeks  in  two 
newspapers  representing  opposite  political  parties  of  such 
township,  or  if  there  be  none  in  the  township  then  in  two 
newspapers  of  opposite  political  parties  of  the  county  in 
which  such  township  is  located,  and  shall  describe  such  or- 
ders, warrants,  or  certificate  of  indebtedness  by  reference 
to  the  fund  against  which  they  were  drawn  and  as  having 
been  issued  subsequent  to  January  1,  1900,  and  no  interest 
shall  be  paid  on  any.  such  orders,  warrants  or  certificates  of 
indebtedness  after  thirty  days  from  the  date  of  the  first 
publication  of  such  notice. 

98.  Act  Remedial.     4.     This  act  is  hereby  declared  to 
be  remedial  only,  and  supplemental  to  the  act  entitled  ' l  An 
act  concerning  township  business. " 

[1911,  p.  94.    Approved  February  27,  1911.  | 

99.  Schools — Sale  of  Property.     1.     That  whenever  any 
city  or  town  shall  have  purchased  any  property  for  school 
purposes  in  such  city  or  town  and  shall  afterwards  find 
that  any  property  so  purchased  is  unnecessary  for  such 
purposes,  the  board  of  school  trustees  of  such  city  or  town 
may  sell  the  same  when  in  their  opinion  it  is  advantageous 
to  such  city  or  town  so  to  do,  at  public  auction  after  twenty 
days  advertisement  of  such  sale,  to  the  highest  bidder: 
Provided,  That  before  such  sale  is  made  such  real  estate 
shall  be  appraised  by  two  freeholders,  voters  of  the  school 
corporation  in  which  such  real  estate  to  be  sold  is  situated, 
and  such  appraisement  returned  before  the  advertisement 
aforesaid  to  the  school  officer  or  officers  who  are  to  sell  the 
same,  in  writing  and  on  such  sale  such  real  estate,  shall  not 
be  sold  for  less  than  the  appraised  value  thereof,  for  cash, 
and  upon  the  payment  of  the  purchase  money  to  the  treas- 
urer of  school  trustees  said  board  of  school  trustees  shall 
execute  to  the  purchaser  a  deed  of  conveyance  which  shall 
be  sufficient  to  vest  in  such  purchaser  all  the  title  of  such 
city  or  town  thereto.     The  money  derived  from  such  sale 


SCHOOL    LAW    OF    INDIANA-  93 

shall  be  turned  into  the  special  school  revenue  of  the  city 
or  town. 

100.  Sales  Legalized.  2.  All  sales  of  school  property 
heretofore  made  in  good  faith  by  the  boards  of  school  trus- 
tees of  any  city  or  town  are  hereby  legalized,  and  declared 
valid :  Provided,  That  this  shall  not  apply  to  or  affect  any 
pending  litigation. 


94 


SCHOOL    LAW    OF    INDIANA- 


CHAPTER  VI. 


TEACHERS. 


SKC. 

101.  Employment  and  dismissal. 

102.  Examined  concerning  alcohol  and  narcotics. 

103.  Failure  to  teach— Dismissal. 

104.  Terms  for  which  teachers  may  be  employed 

105.  Contracts  to  be  in  writing. 

106.  Blanks  to  be  uniform. 

107.  Reports. 

108.  Minimum  wages. 

109.  Qualifications. 


SEC. 

110.  Payment  at  less  rate— Penalty. 

111.  State  Board  of  Education— Duties. 

112.  Special  examination. 

113.  Insulting  teacher. 

114.  Examination  in  special  branches. 

115.  Exemptions— Three  year  license— Rule. 

116.  Previous  exemptions  in  force . 

117.  Attendance  at  institutes— Pay. 


,  p.  30.    Approved  February  27,  1883,  and  in  force  June  5, 1S83.] 

101.  Employment  and  dismissal.  28.  Trustees  shall 
employ  no  person  to  teach  in  any  of  the  common 
schools  of  the  State  of  Indiana,  unless  such  person  shall 
have  a  license  to  teach,  issued  from  the  proper  state  or 
county  authority,  and  in  full  force  at  the  date  of  the  em- 
ployment. Any  teacher  who  shall  commence  teaching  any 
such  school  without  a  license,  shall  forfeit  all  claim  to  com- 
pensation out  of  the  school  revenue  for  tuition  for  the  time 
he  or  she  teaches  without  such  license;  but  if  a  teacher's 
license  shall  expire  by  its  own  limitation  within  a  term  of 
employment,  such  teacher  may  complete  such  term  of  em- 
ployment within  the  then  current  year.  The  said  trustee 
shall  not  employ  any  teacher  whom  a  majority  of  those 
entitled  to  vote  at  school  meetings  have  decided  at  any 
regular  school  meeting,  they  do  not  wish  employed;  and  at 
any  time  after  the  commencement  of  any  school,  if  a  ma- 
jority of  such  voters  petition  such  trustee  that  they  wish  the 
teacher  thereof  dismissed,  such  trustee  shall  dismiss  such 
teacher,  but  only  upon  due  notice,  and  upon  good  cause 
shown;  but  such  teacher  shall  be  entitled  to  pay  for  services 
rendered.  (E.  S.  1908,  §6592.) 

1.  LICENSE  ESSENTIAL.  A  valid  contract  for  the  teaching  of  a  public 
school  can  not  be  made  by  a  trustee  with  one  who,  at  the  time,  has  no 
license  to  teach  in  the  county,  and  the  subsequent  procurement  of  a  license 
does  not  validate  the  contract. — Butler  v.  Haines,  79  Ind.  575.  And  a  per- 


SCHOOL     LAW    OF    INDIANA  95 

son  can  neither  recover  compensation  for  services  rendered  as  teacher, 
nor  damages  for  breach  of  contract  for  such  services,  unless  he  was 
licensed  to  teach  as  prescribed  by  the  statutes. — Jackson  School  Town- 
ship v.  Farlow,  75  Ind.  118.  See  also  Harrison  Township  v.  Conrad,  26 
Ind.  337,  and  Putnam  v.  School  Town  of  Irvington,  69  Ind.  80.  In  a  suit 
against  the  school  corporation  for  services  rendered  or  to  be  rendered,  it 
must  be  stated  in  the  complaint  that  the  teacher  had  a  license  to  teach 
when  he  rendered  the  services  or  entered  into  the  contract. — Bedford,  etc., 
Co.  v.  McDonald,  12  Ind.  App.  621. 

2.     FORMS  FOR  TEACHER'S  CONTRACT,     a.  In  Township. 

TEACHER'S  CONTRACT. 

Tins  AGREEMENT,  Between School  Trustee 

of School  Township,  in 

County,  and  State  of  Indiana  of  the  first  part,  and 

a  teacher  who  holds  a  license  issued 191 ... 

for months   by 

superintendent;  on  which  license  h...  average  scholarship  is.... per  cent., 

h. . .  last  success  grade  is. . .  .per  cent. ;  who  was present  at  all  the 

sessions  of  the county  institute  in  191 . . ,  of  the 

second  part,  certifies  that  the  said  teacher  agrees  to  teach  in  the  public 
schools  of  said  township  in  such  building,  grade,  and  room  as  said  trustee 

may  designate,  for  the  term  commencing  on  the day 

of ,  A.   D.   191 ..,   for  the  consideration  of 

dollars  and cents  per 

day  to  be  paid 

(State  here  when  all  parts  of  the  salary  will  be  paid.) 

The  said further  agrees  faithfully 

to  perform  all  the  duties  of  teacher  in  said  school ;  using  only  such  text- 
books as  are  prescribed  by  the  Trustees  in  accordance  with  the  law,  except 
supplementary  reading,  such  as  Young  People's  Reading  Circle  books,  etc., 
and  other  works,  recommended  by  the  Couunty  Superintendent  and  observ- 
ing all  Rules  and  Regulations  of  the  County  Board  of  Education,  and  all 
instructions  of  the  County  Superintendent  of  Schools;  that  ..he  will  at- 
tend and  participate  in  the  exercises  of  each  Institute  or  other  teachers' 
meetings  that  may  be  appointed  for  the  teachers  of  said  township,  or  for 
en  eh  day's  absence  therefrom,  forfeit  a  sum  equal  to  one  day's  wages,  un- 
less such  absence  shall  be  occasioned  by  sickness;  that  .  .he  will  accurately 
korp  and  use  all  registers  and  blanks  placed  in  hands  by  said  Trus- 
tee ;  that  . .  he  will  make  a  complete  and  accurate  report  at  the  close  of  the 
school  term,  the  blank  for  which  is  provided  on  the  back  of  this  sheet; 

that  .  .he  will  make  all  other  reports  required  of by  said  Trustee, 

the  County  Superintendent,  or  the  laws  of  Indiana,  at  the  proper  time  and 
manner  and  in  good  order;  that  ..he  will  exercise  due  diligence  in  the 
preservation  of  school  buildings,  grounds,  furniture,  apparatus,  books, 

blanks  and  other  school  property  committed  to  care,  and  turn  the 

same  over  to  the  Trustee,  or  his  representative,  at  the  close  of  the  term  of 
school,  in  as  good  condition  as  when  received,  damage  and  wear  and  use 
excepted,  accompanied  by  an  exact  inventory  of  all  supplies  and  apparatus 


96  SCHOOL    LAW    OF    INDIANA- 

on  hands,  a  description  of  the  condition  of  the  same,  and  a  recommended 
list  of  materials  to  be  purchased  for  next  school  year. 

The  said  School  Trustee  agrees  to  keep  the  school  buildings  in  good 
repair,  to  furnish  the  necessary  fuel,  furniture,  apparatus,  books,  and 
blanks,  and  such  other  appliances  as  may  be  necessary  for  the  systematic 
and  proper  conduct  of  said  school,  and  to  provide  such  janitor  help  as  may 
be  necessary  to  properly  care  for  said  school  and  its  premises. 

And  the  said  School  Trustee,  for  and  in  behalf  of  said  Township,  fur- 
ther agrees  to  pay  the  said for  services 

as  teacher  of  said  school,  either  a  sum  equal  to  the  whole  number  of  days 
taught  at  the  rate  of  the  above  named  sum  per  day,  as  agreed  upon,  or  the 
salary  for  the  year  in  the  event  of  a  yearly  consideration,  as  agreed  upon, 
when  the  said  teacher  shall  have  filled  all  the  stipulations  of  this  contract. 

The  said  School  Trustee  further  agrees  to  pay  said  teacher  one  day's 
wages  for  each  day's  attendance  at  the  Township  Institute,  according  to 
the  Acts  of  1889. 

Provided,  That  in  case  the  said should 

be  dismissed  from  said  school  by  said  Trustee,  or  his  successor  in  office,  for 
incompetency,  cruelty,  gross  immorality,  neglect  of  business,  or  a  violation 

of  any  of  the  stipulations  of  this  contract,  or  in  case license  should 

be  revoked  by  the  County  Superintendent,  .  .he  shall  not  be  entitled  to  any 
compensation  after  notice  of  dismissal,  or  notice  of  annulment  of  license. 

Provided  further,  That  the  teacher  shall  have  a  duplicate  of  this  con- 
tract. 

IN  WITNESS  WHEREOF,  We  have  hereunto  subscribed  our  names,  this 

.day    of A.    D. 

191.. 

Teacher. 

" School  Trustee. 

1.  NOTE.     A  valid  contract  for  teaching  a  public  school  can  not  be 
made  by  a  trustee  with  anyone  unless  he  holds  a  valid  license,  either  county 
or  state. 

2.  NOTE.     Full  authority  is  given  the  Trustee  to  substitute  the  words 
"principal,"  "supervisor"  or  "superintendent"  for  the  word  "teacher"  in  the 
event  the  contract  should  be  so  made. 

3.  NOTE.     This  contract  form  is  the  official  blank,  made  by  the  State 
Superintendent  of  Public  Instruction,  under  the  provisions  of  H.  B.  No. 
139,  Acts  of  1899. 

TEACHER'S  REPORT  TO  TOWNSHIP  TRUSTEE. 

1.     Total  number  of  pupils  enrolled  during  the  year  19.  ..  in 

First  Grade Third  Grade Fifth  Grade Seventh  Grade 

Second  Grade Fourth  Grade Sixth  Grade Eighth  Grade 


,    f  First  Year Third  Year 

High  School  |  gecond  year Fourth  Year 

Total  number  of  pupils  enrolled  in  all  the  elementary  and  high  schools 
for  the  year  19. .   . 


SCHOOL    LAW    OF    INDIANA-  9? 

2      Total  number  of  pupils  enrolled  during  the  year  19  ____  , 

;::          Fema,es{~d:::;;         Total  ..... 


8.     Average  daily  attendance  of  all  children  in  the  schools. 
:::  General  Average  ...... 

4      Number  of  Graduates  from  "Common  Branches." 


5.     Number  of  graduates  from  High  School. 


6.  Inventory  of  Apparatus  and  Supplies  on  hand.      (Furnish  list  of 
Libray  Books  on  separate  sheet.) 

7.  Recommended  List  of  Materials  and  Supplies  Needed  : 

TEACHER'S  CONTRACT,     b.  In  Cities  and  Towns. 

TEACHER'S  CONTRACT. 

THIS  AGREEMENT,   Made  and  entered  into  between  the  School 

Corporation  of  ..........................  ,  in  .....................  County, 

and  State  of  Indiana,  by  ............................................... 

the  Board  of  School  Trustees  of  said  Corporation,  of  the  first  part,  and 
.................................................  ,  a  teacher  who  holds  a 

license  issued  .................  ......  19  .  .  ,  for  ..................  , 

months  by  .............................  superintendent  ;  on  which 

license    h...     average    scholarship    is  ......  per    cent.,    h...    last    success 

grade  is  ......  per  cent.  ;  who  was  ......  present  at  all  the  sessions  of  the 

.........................  .  .  .county  institute  in   19.  .,  of  the  second  part, 

certifies  that  the  said  teacher  agrees  to  teach  in  the  public  schools  of  said 
school  corporation  in  such  building,  grade  and  room  as  the  said  board  of 
trustees  or  their  superintendent  of  schools  may  designate,  during  the  school 
year,  beginning  the  ..................  ...  .day  of  ..............  A.  D.  1.  .  .  ., 

for  the  salary  of  ...................................  Dollars  per  to 

be  paid  ................................................................ 

(State  when  all  or  parts  of  salary  will  be  paid.) 
Said  .............................  further  agrees,  faithfully,  zealously 

and  impartially,  to  perform  all  the  duties  as  such  teacher,  using  only  such 
text-books   as   are  prescribed  by  said  Board,   or   Superintendent,   of  said 
schools;  that   ..he  will  accurately  keep  and  use  all  registers  and  blanks 
placed  in.  .  .  ,  ........  hands  by  said  Board,  or  the  Superintendent  of  said 

schools;  that  ..he  will  make  a  complete  and  accurate  report  at  the  close 
of  the  school  term,  the  blank  for  which  is  provided  on  the  back  of  this 
sheet;  that  .  .he  will  make  all  other  reports  required  by  said  Board,  Super- 
intendent or  School  Law;  thai  ..he  will  exercise  due  diligence  in  the 

[7—27277] 


98  SCHOOL    LAW    OF    INDIANA- 

preservation  of  the  school  buildings,  grounds,  furniture,  books,  maps  and 

other  school  property  committed  to care,  and  turn  same  over  to  said 

Board  nt  the  close  of  said  school,  in  as  good  condition  as  when  received — 
damage  and  wear  by  use  excepted;  and  that  .  .he  will  conform  to  the  rules 
and  regulations  of  said  Board,  and  Superintendent,  and  faithfully  and  im- 
partially enforce  them  among  the  pupils. 

Said  School'  Corporation,  by  said  School  Board,  agrees  to  keep  the 
school  buildings  in  good  repair  and  furnish  the  necessary  fuel,  furniture, 
books,  maps,  blanks  and  such  other  appliances  as  may  be  necessary  for  the 
successful  teaching  of  the  branches  in  said  schools. 

And  said  School  Corporation,  by  said  School  Board,  further  agrees  to 

pay  said for  services  as 

teacher  of  said  school,  said  salary  of Dollars 

per  as  above  agreed  upon. 

Provided,  That  in  case  said  teacher  shall  be  discharged  from  said 
school  by  said  Board  for  incoinpetency,  cruelty,  gross  immorality,  neglect 
of  business,  or  a  violation  of  any  of  the  stipulations  of  this  Contract,  or  in 
ease license  should  be  revoked  by  the  County  Superin- 
tendent, ..he  shall  not  be  entitled  to  any  compensation  after  notice  of  dis 
missal  or  annulment  of  license. 


Provided,  further,  That  the  teacher  shall  have  a  duplicate  copy  of  this 
contract. 

IN  WITNESS  WHEREOF,  We  have  hereunto  subscribed  our  names,  this 

day  of. A.  D.  1 

President. 

Secretary. 

Treasurer. 

Board  of  School  Trustees. 
Teacher. 

1.  NOTE.     A   legal   contract   for  teaching  a  public  school   can  not   be 
made  between   a   school   board   and  a   person  who  does  not  hold   a  valid 
license. 

2.  NOTE.     Full  authority  is  given  school  boards  to  substitute  the  words 
"principal,"  "supervisor"  or  "superintendent"  wherever  the  word  "teacher" 
appears  in  the  contract,  when  the  contract  should  be  so  drawn. 

3.     NOTE.     This  contract  is  the  official  form  as  made  under  the  provisions 
of  H.  B.  No.  139,  of  the  Acts  of  r899. 

11895  p.  375.     Approved  March  14,  1895. j 

102.     Examined   concerning   alcohol   and   narcotics.     2. 

No  certificate  shall  be  granted  to  any  person  (on)  or  after 
the  first  day  of  July,  1895,  to  teach  in  the  common  school  or 
in  any  educational  institution  supported  as  aforesaid  who 


SCHOOL    LAW    OF    INDIANA-  99 

does  not  pass  a  satisfactory  examination  as  to  the  nature  of 
human  system.  (R,  S.  1908,  §6587.) 

103.  Failure  to  teach  effects — Dismissal.    3.    Any  super- 
intendent or  principal  of,  or  teacher  in  any  common  school 
or  educational  institution  supported  as  aforesaid,  who  will- 
fully   refuses    or    neglects    to    give    the    instruction    re- 
quired by  this  act  shall  be  dismissed  from  his  or  her  em- 
ployment.    (R,  S.  1908,  §6588.) 

[1893,  p.  34.    Approved  and  in  force  February  17,  1893.] 

104.  Terms    for    which    teachers    may    be    employed. 

After  the  passage  of  this  act  it  shall  be  unlawful  for  any 
township  trustee  to  contract  with  any  teacher  to  teach  in 
any  common  school  if  the  actual  term  of  service  of  such 
teacher  under  such  contract  does  not  begin  before  ihe  expir- 
ation of  the  term  of  office  of  such  trustee.  Every  contract 
made  in  violation  of  the  provisions  of  this  section  shall,  as 
to  the  township  represented  by  such  trustee,  and  the  school 
fund  thereunto  belonging,  be  absolutely  void;  but  such 
trustee  shall  be  personally  liable  to  such  teacher  for  all  serv- 
ices rendered  under  such  contract,  and  for  all  damages 
which  he  may  sustain  by  reason  thereof.  (R.  S.  1901, 
§5989;R.  S.  1897,  §6207.) 

11899,  p.  173.    Approved  February  28,  1899;  in  force  April  28, 1899.] 

105.  Contracts  to  be  in  writing.    1.    All  contracts  here- 
after made  by  and  between  teachers  and  school  corpora- 
tions of  the  state  of  Indiana  shall  be  in  writing,  signed  by 
the  parties  to  be  charged  thereby,  and  no  action  shall  be 
brought  upon  any  contract  not  made  in  conformity  to  the 
provisions  of  this  act. 

106.  Blanks  to  be  uniform.    2.    For  the  purpose  of  car- 
rying this  act  into  effect  the  school  trustees  of  the  several 
school  corporations  of  this  state  shall  provide  a  public  rec- 
ord of  uniform  blank  contracts  to  be  carefully  worded  un- 
der the  direction  of  the  superintendent  of  public  instruc- 
tion, and  cause  such  contracts  to  be  signed  therein,  which 
record  shall  be  deemed  a  public  record,  open  to  inspection 
by  the  people  of  their  several  school  corporations. 


100  SCHOOL    LAW    OF    INDIANA- 

[b65,  p.  3.    Approved  and  in  force  March  6, 1865.] 

107.  Reports.      20.     To   enable   the   trustees    to   make 
reports    which    are    required     of   them    by    this    act,    the 
teacher  of  each  school,  whether  in  township,  town  or  city, 
shall,  at  the  expiration  of  the  term  of  the  school  for  which 
such  teacher  shall  have  been  employed,  furnish  a  complete 
report  to  the  proper  trustee,  verified  by  affidavit,  showing 
the  length  of  the  school  term,  in  days;    the    number    of 
teachers  employed,  male  and  female,  and  their  daily  com- 
pensation ;  the  number  of  pupils  admitted  during  the  term, 
distinguishing  between  males  and  females,  and  between  the 
ages  of  six  and  twenty-one  years;  the  average  attendance; 
books  used  and  branches  taught,  and  the  number  of  pupils 
engaged  in  the  study  of  each  branch.    Until  such  report 
shall  have  been  so  filed,  such  trustee  shall  not  pay  more 
than  seventy-five  per  centum  of  the  wages  of  such  teacher 
for  his  or  her  services.    (R.  S.  1908,  §6424.) 

1.  SUIT.     It  is  a  part  of  a  teacher's  contract  that  he  will  make  a 
report,  and  until  he  does  so  he  can  not  recover  more  than  three-fourths  of 
his  wages  unless  the  trustee  has  waived  the  report ,  and  the  burden  is  on 
the  teacher  to  show  either  that  he  made  the  report  or  it  was  waived,  if 
he  desires  to  recover  the  full  amount  of  his  earnings. — Owen  School  Tp. 
v.  Hay,  107  Ind.  o51. 

2.  TRUANCY.     Teachers  are  required  by  the  compulsory  education  law 
to  report  to  truaiii  ollicers  or  other  school  oilicers  cases  of  truancy  or  irreg- 
ularity in  attendance.     See  truancy  law. 

[1937,  p.  146.    Approved  March  2,  1907.] 

108.  Minimum   wages.     1.     That    the    daily    wages    of 
teachers  for  teaching  in  the  public  schools  of  the  state  shall 
not  be  less,  in  the  case  of  beginning  teachers,  than  an  amount 
determined  by  multiplying  two  and  one-half  cents  by  the 
general  average  given  such  teacher  in  his  highest  grade  of 
license  at  the  time  of  contracting.    For  teachers  having  had 
a  successful  experience  for  one  school  year  of  not  less  than 
six  months,  the  daily  wages  shall  not  be  less  than  an  amount 
determined  by  multiplying  three  cents  by  the  general  aver- 
age given  such  teacher  on  his  highest  grade  of  license  at 
the  time  of  contracting.    For  teachers  having  had  a  success- 
ful experience  for  three  or  more  school  years  of  not  less 


SCHOOL    LAW    OF    INDIANA.  101 

than  six  months  each,  the  daily  wages  shall  be  not  less  than 
an  amount  determined  by  multiplyng  three  and  one-half 
cents  by  the  general  average  given  such  teacher  on  his 
highest  grade  of  license  at  the  time  of  contracting.  All 
teachers  now  exempt  or  hereafter  exempt  from  examina- 
tion shall  be  paid,  as  daily  wages  for  teaching  in  the  public 
schools,  not  less  than  an  amount  determined  by  mutiplying 
three  and  one-half  cents  by  the  general  average  of  scholar- 
ship and  success  given  such  teachers: '  Provided,  That  the 
grade  of  scholarship  accounted  in  each  case  be  that  given  at 
the  teacher 's  last  examination,  and  that  the  grade  of  success 
accounted  be  that  of  the  teacher's  term  last  preceding  the 
date  contracting:  And,  provided  further,  That  two  per  cent, 
shall  be  added  to  the  teacher's  general  average  of  scholar- 
ship and  success  for  attending  the  county  institute  the  full 
number  of  days,  and  that  said  two  per  cent,  shall  be  added 
to  the  average  scholarship  of  beginning  teachers.  (R.  S. 
1908,  §6599  as  amended,  1911,  p.  131.) 

1.  EXEMPTION.     The  two  per  cent,  given  for  attendance  on  a  county 
institute  applies  to  exemption  license. 

2.  STATE  NORMAL  DIPLOMAS.     Persons  holding  diplomas  from  the  State 
Normal  school  are  entitled  to  the  two  per  cent,  for  attending  the  county 
institute,  but  the  said  two  per  cent,  must  be  added  to   the  grades  upon 
which  their  state  or  county  licenses  have  been  issued. 

3.  MUST  ATTEND  ENTIRE  INSTITUTE.     A  teacher  is  not  entitled  to  the  two 
per  cent,  unless  he  answers  the  first  roll  call  and  is  present  daily  all  the 
sessions,  including  the  last  roll  call. 

4.  CITY  AND  TOWN  TEACHERS.     City  and  town  teachers  are  entitled  to 
the  two  per  cent,  for  attending  the  county  institute. 

109.  Qualifications.  2.  The  qualifications  required  for 
teaching  for  the  different  classes  shall  be  as  follows: 

(a.)  A  teacher  without  experience:  Shall  be  a  graduate 
of  a  high  school  or  its  equivalent.  Shall  have  had  not  less 
than  one  term  of  twelve  weeks'  work  in  a  school  maintain- 
ing a  professional  course  for  the  training  of  teachers.  Shall 
have  not  less  than  a  twelve  months '  license. 

(b.)  A  teacher  with  one  school  year's  experience:  Shall 
be  a  graduate  of  a  high  school  or  its  equivalent.  Shall  have 
had  not  less  than  two  terms  or  twenty-four  weeks '  work  in 
a  school  maintaining  a  professional  course  for  the  training 


102  '  SlittOOL'LAW    OF    INDIANA. 

of  teachers  or  the  equivalent  of  such  work.  Shall  have  not 
less  than  a  two  years'  license.  Shall  have  a  success  grade. 

(c.)  A  teacher  with  three  or  more  years'  successful  ex- 
perience: Shall  be  a  graduate  of  a  high  school  or  its  equiv- 
alent. Shall  be  a  graduate  from  a  school  maintaining  a  pro- 
fessional course  for  the  training  of  teachers,  or  its  equiva- 
lent. Shall  have  a  three  years'  license  or  its  equivalent. 
Shall  have  a  success  grade. 

Provided,  That  for  teachers  already  in  the  service,  suc- 
cessful experience  in  teaching  shall  be  accepted  as  an  equiv- 
alent for  high  school  and  professional  training,  as  required 
by  all  the  above  classifications.  (R,  S.  1908,  §6600.) 

110.  Payment  at  less  rate — Penalty.     3.     If  any  school 
officer  shall  pay  to  any  teacher  for  school  services  at  a  rate 
less  than  that  fixed  by  this  act,  he  shall  he  fined  in  any 
amount  not  exceeding  $100.00  and  shall  be  liable  in  a  civil 
action  for  wages  to  such  teacher  at  the  rate  provided  in  this 
act,  which  may  be  recovered  by  such  teacher,  together  with 
an  attorney's  fee  of  $25.00,  in  any  court  of  justice  of  com- 
petent jurisdiction.     (R.  S.  1908,  §6601.) 

111.  State  board  of  education — Duties.     4.     It  shall  be 
the  duty  of  the  state  board  of  education,  from  time  to  time, 
to  provide  regulations  which  shall  define  the  words  "high 
school"  and  "equivalent"  in  this  act,  it  being  the  intent 
hereof  that  only  such  schools  be  recognized  as  high  schools 
as  maintain  a  standard  of  scholarship  and  efficiency  and 
course  of  study  to  the  approval  of  the  state  board  of  edu- 
cation, and  that  the  word  "equivalent"  as  used  in  this  act 
shall  mean  such  a  course  of  study  or  training  or  the  ability 
to  pass  such  an  examination  as  in  the  judgment  of  the  state 
board  of  education  would  as  fully  qualify  the  applicant  for 
teaching  as  the  qualification  of  high  school  or  normal  school 
work  and  the  license  respectively  named  above  requires.  (R. 
S.  1908,  §6602.) 

[1865,  p.  143.    Approved  and  in  force  December  20,  1865.] 

112.  Special  examination.     35.      If  the  persons  attached 
to  and  forming  a  school  district  have,  at  their  school  meet 


SCHOOL    LAW    OF    INDIANA-  103 

ing,  designated  other  or  a  less  number  of  branches  of  learn- 
ing than  those  in  section  34  of  this  act  (§  81)  mentioned, 
which  they  desire  to  have  taught  in  their  school,  the  trustee, 
in  employing  a  teacher  for  said  school,  shall  require  said 
teacher  to  be  examined  as  to  his  qualifications  to  teach  the 
branches  of  learning  reqired  by  said  school  meeting.  (R.  S. 
1908,  §6603.) 

113.  Insulting  teacher.     162.     If  any  parent,  guardian, 
or  other  person,  from  any  cause,  fancied  or  real,  visit  a 
school  with  the  avowed  intention  of  upbraiding  or  insulting 
the  teacher  in  the  presence  of  the  school,  and  shall  so  up- 
braid or  insult  the  teacher,  such  person,  for  such  conduct, 
shall  be  liable  to  a  fine  of  not  more  than  twenty-five  dollars, 
which,  when  collected  shall  go  into  the  general  tuition  rev- 
enue.    (R.  S.  1908,  §6608.) 

The  teacher  may  exact  compliance  with  all  reasonable  commands,  and 
enforce  obedience  by  inflicting  corporal  punishment,  in  a  kind  and  reason- 
able manner,  upon  a  pupil  for  disobedience.  Such  punishment  must  be 
within  the  bounds  of  moderation,  and  apportioned  to  the  gravity  of  the 
offense;  but  when  complaint  is  made,  the  judgment  of  the  teacher  as  to 
what  the  situation  required  should  have  weight,  as  in  the  case  of  a  parent 
under  similar  circumstances,  and  the  reasonableness  of  the  punishment 
must  be  determined  upon  the  facts  of  the  particular  case,  The  presumption 
is  that  the  teacher  did  nothing  more  than  his  duty.  The  legitimate  object 
of  chastisement  is  to  inflict  punishment  by  the  pain  which  it  causes,  as 
well  ns  by  the  degradation  it  implies;  and  it  does  not  follow  that  chastise- 
ment was  cruel  or  excessive  because  pain  was  produced,  or  abrasions  of 
the  skin  resulted  from  a  switch  used  by  the  teacher.  When  a  proper 
weapon  has  been  used,  the  character  of  the  chastisement  with  reference  to 
any  alleged  cruelty  or  excess,  must  be  determined  by  the  nature  of  the 
offense,  the  age.  physical  and  mental  condition,  as  well  as  the  personal  at- 
tributes, of  the  pupil,  and  the  deportment  of  the  teacher. — Vanactor  v.  State, 
113  Ind.  27(1;  Danenhoffer  v.  State,  70  Ind.  75. 

[1911,  p.  134.    Approved  March  2. 1911.] 

114.  Examination  in  special  branches.    1.  That  teachers 
in  commissioned  high  schools,  and  in  the  manual  training, 
domestic  science  and  art,  and  kindergarten  departments  of 
the  elementary  and  high  schools,  and  teachers  of  German, 
music,  drawing,  physical  culture  and  other  special  branches 
of  instruction  shall  be  examined  by  the  county  superintend- 
ents of  schools  at  the  timesof  regular  teachers 'examinations 


104 


SCHOOL    LAW    OF    INDIANA. 


upon  the  branch  or  branches  they  are  employed  to  teach, 
and  in  case  they  pass  such  examination  successfully,  they 
shall  be  licensed  to  teach  such  branch  or  branches  for  one, 
two  or  three  years,  according  to  the  grades  obtained  upon 
such  examination.  Such  license,  however,  shall  not  legally 
qualify  its  holder  for  the  teaching  of  any  branch  or  branches 
riot  covered  by  said  examination,  and  such  teachers  at  the 
time  of  examination  shall  have  the  right  to  elect  to  have 
their  manuscripts  sent  to  the  state  department  of  educa- 
tion for  grading  upon  the  terms  and  conditions  prescribed 
for  other  teachers. 

115.    Exemptions— Three-year  license-— Rule.     2.     Any 

person  who  has  previously  taught  for  six  (6)  consecutive 
years  in  the  common  schools  of  the  state,  and  who  shall  at 
this  time  hold  a  three  years'  license  to  teach  in  the  elemen- 
tary or  high  schools  of  the  state,  or  who  shall  hereafter  ob- 
tain such  three  (3)  years'  license  to  teach  therein,  so  long 
as  he  shall  teach  the  branch  or  branches  upon  which  the 
license  was  issued,  shall  be  forever  afterward  exempt  from 
examination,  but  if  such  person  shall,  after  said  exemption 
occurs,  suffer  a  period  of  one  year  to  pass  without  having 
taught  one  full  school  year  in  the  common  schools  of  the 
state  within  said  period  or  served  in  said  schools,  except 
in  case  of  physical  disability,  properly  certified  to  by  a 
reputable  physician,  then  said  exemption  shall  cease.  If 
said  person  during  such  exemption,  shall  seek  employment 
to  teach  other  or  higher  branches  in  the  common  schools  of 
the  state  than  those  branches  which  were  included  in  the 
examination  upon  which  the  three  years'  license  was  issued, 
then  he  shall  be  examined  in  such  additional  branches.  The 
exemption  shall  apply  to  all  licenses  whether  issued  by  the 
county  superintendent  or  the  state  superintendent  of  public 
instruction:  Provided,  That  an  exemption  acquired  upon  a 
license  issued  by  a  county  superintendent  shall  be  limited  to 
the  county  in  which  such  license  was  issued.  An  applicant 
for  a  state  exemption  shall  present  a  certified  statement 
from  a  county  superintendent  showing  where  and  when 
such  teacher  has  taught,  and  the  license  upon  which  the  re- 


SCHOOL   LAW    OF   INDIANA-  105 

quest  for  exemption  is  based.  If  the  exemption  is  granted, 
the  superintendent  of  public  instruction  shall  attach  the 
exemption  to  the  original  license.  The  superintendent  shall 
charge  and  collect  a  license  fee  of  one  dollar  from  each  ap- 
plicant for  state  exemption. 

116.  Previous  exemptions  in  force.     3.    All  exemption 
heretofore  acquired  shall  remain  in  full  force  so  long  as  the 
holders  thereof  shall  comply  with  the  terms  of  section  2  of 
this  act. 

ASSOCIATIONS. 

[1911,  p.  666.    Approved  March  6,  1911.] 

117.  Attending — Pay  of  teachers.     1.    That  the  school 
board  of  any  city  or  town,  and  the  township  trustee  of  any 
township,  may  adjourn  the  schools  of  such  city,  town  or 
township  in  order  to  allow  teachers  to  attend  sessions  of 
schools  or  institutes  of  agricultural  instruction  held  in  the 
county,  and  the  meetings  of  any  teachers '  associations,  and 
to  visit  model  schools  under  the  direction  of  trustees  or 
boards  of  trustees  and  shall  pay  such  teachers  a  wage  for 
the  time  spent  equal  to  the  per  diem  of  such  teacher: 
Provided,  That  not  more  than  three  days  shall  be  allowed  in 
any  one  year. 


106  SCHOOL    LAW    OF    INDIANA- 


CHAPTEE  VII. 

SCHOOLS. 


SEC.  SEC. 

118.  Bible.  I    135.  Kindergarten. 

119.  Uniformity  of  term — Numbering  of  schools.    |    136.  Free  kindergarten  tax. 

119  Continuance  of  High  Schools.  137.  How  collected  and  disbursed. 

120."  Calendar.  \    138.  Medical  inspection  of  children. 

121.  Colored  children.  139.  Medical  inspection  defined. 

122.  Appropriations  for  indigent  children.  140.  Schools  physical — Appointment—  Compen 

123.  Branches  taught.  sation. 

124.  Effect  of  alcoholic  drinks  and  narcotics.  141.  Physician's  duties. 

125.  Voters'  meeting — School  directors.  142.  Hules  for  enforcement. 

126.  Voters  at  school  meetings.  143.  Penalty. 

127.  Other  meetings  of  voters — Powers.  :    144.  United  States  flag. 

128.  Estimates  of  expenses.  I    145.  Display  of  fla«. 

129.  Director's  duties.  j   145}  Star  Spangled  Banner. 

130.  Charge  of  school  house.  146.  Destruction  or  mutulation. 

131.  Visits  schools— May  exclude  pupils.  .147.  Penalty. 


132.  Appeal  to  trustee. 

133.  Common    schools    defined — High    school 
courses. 


148.  Secret  societies  unlawful. 

149.  Night  school. 

150.  Who  may  attend. 


134.     High  school  studies. 

[1865,  p.  3.     Approved  March  6,  1865.] 

118.  Bible.     167.     The.  Bible  shall  not  be  excluded  from 
the  public  schools  of  the  state.     (E.  S.  1908,  §6578.) 

119.  Uniformity  of  term. — Numbering  of  schools.     14. 

All  schools  in  a  township  shall  be  taught  an  equal  length  of 
time,  as  nearly  as  the  same  can  be  done,  without  regard  to 
the  diversity  in  the  number  of  pupils  at  the  several  schools, 
or  the  cost  of  the  school;  and  each  of  said  schools  shall  be 
numbered,  by  the  proper  trustees,  as  school  No.  -  — .  (E. 
S.  1908,  §6579.) 

1.  UNIFORMITY,  i  he  statute  ouly  requires  the  schools  in  the  townships 
to  be  taught  an  equal  length. of  time,  as  nearly  as  the  same  can  be  done.— 
Harmony  School  Tp.  v.  Moore,  80  Ind.  276.  See  also  Maloy  v.  Madget,  47 
Ind.  241. 

[1911,  p.  483     Approved  March  4.  1911.] 

119 \  Continuance  of  high  schools.  1.  In  any  township 
or  incorporated  town  in  which  a  commissioned  or  a  certified 
high  school  has  been  or  may  hereafter  be  established,  when 


SCHOOL    LAW    OF    INDIANA-  107 

the  school  trustee  of  such  township  or  the  school  trustees 
of  such  incorporated  town  deem  it  unwise  or  inexpedient  to 
continue  the  term  of  the  elementary  schools  for  the  period 
required  for  a  commissioned  or  a  certified  high  school, 
said  trustees  are . authorized  to  continue  the  high  school  of  said 
school  corporation  for  a  term  not  to  exceed  that  required  for  u 
commissioned  high  school. 

120.  Calendar.     163.     A  school   term   of  three  months 
shall  be  sixty  days,  a  school  month  twenty  days,  and  a 
school  week  five  days.     (R,  S.  1908,  §6580.) 

[1877,  p.  124.    Approved  March  5,  1877.] 

121.  Colored  children.     3.     The  trustee  or  trustees  of 
such  township,  town  or  city  may  organize  the  colored  chil- 
dren into  separate  schools  of  the  township,  town  or  city, 
having  all  the  rights,  privileges  and  advantages  of  all  other 
schools  of  the  township,  town  or  city:    Provided,  That  in 
case  there  may  not  be  provided  separate  schools  for  the 
colored  children,  then  such  colored  children  shall  be  al- 
lowed to  attend  the  public  schools  with  white  children: 
Provided  further,  That  when  any  child  attending  such  col- 
ored school  shall,  on  examination  and  certificate  of  his  or 
her  teacher,  show  to  the  trustee  or  trustees  of  any  township, 
town  or  city  that  he  or  she  has" made  sufficient  advancement 
to  be  placed  in  a  higher  grade  than  that  afforded  by  such 
colored  school,  he  or  she  shall  be  entitled  to  enter  the  school 
provided  for  white  children  of  a  like  grade,  and  no  distinc- 
tion shall  therein  be  made  on  account  of  race  or  color  of 
snch  colored  child.     (R.  S.  1908,  §6581.) 

[1885.  p.  125.    Approved  April  2,  1885.1 

122.  Appropriations    for    indigent    children.     1.     The 
boards  of  commissioners  in  the  several  counties  of  this 
state  are  hereby  authorized  to  make  suitable  appropriations 
for  the  education,  in  the  common  school  branches  of  learn- 
ing, of  the  pauper  children   of  their  respective  counties 
whenever,  in  the  judgment  of  the  board  of  commissioners, 
justice  to  the  school  district  or  districts  wherein  such  pan- 


108  SCHOOL   LAW    OF   INDIANA. 

per  children  are  kept  demands  such  assistance ;  and  all  ex- 
penditures authorized  by  this  act  shall  be  made  and  paid 
out  of  the  county  treasury  on  warrants  drawn  by  the  audi- 
tor on  the  order  of  the  board  of  commissioners :  Provided, 
That  where  there  is  no  provision  for  a  matron,  or  an  in- 
sufficient number  of  chifdren  to  require  the  services  of  a 
matron,  or  the  establishment  of  a  separate  school  for  the 
inmates  of  such  asylums,  it  shall  be  the  duty  of  the  board  of 
commissioners  to  require  the  superintendent  of  such  asy- 
lum to  send  such  children  to  the  township  schools.  (E.  S. 
1908,  §6674.) 

[1869,  p.  40.    Approved  May  5,  1869.] 

123.  Branches  taught.     147    The  common  schools  of  the 
state  shall  be  taught  in  the  English  language ;  and  the  trus- 
tee shall  provide  to  have  taught  in  them  orthography,  read- 
ing,   writing,    arithmetic,    geography,    English   grammar, 
physiology,  history  of  the  United  States,  and  good  beha- 
vior, and  such  other  branches  of  learning  and  other  lan- 
guages as  the  advancement  of  the  pupils  may  require  and 
the  trustees  from  time  to  time  direct.    And  whenever  the 
parents  or  guardians  of  twenty-five  or  more  children  in 
attendance  at  any  school  of  a  township,  town  or  city  shall 
so  demand,  it  shall  be  the  duty  of  the  school  trustee  or 
trustees  of  said  township,  town  or  city  to  procure  efficient 
teachers  and  introduce  the  German  language,  as  a  branch 
of  study,  in  such  schools;  and  the  tuition  in  said  schools 
shall  be  without  charge :    Provided,  Such  demand  is  made 
before  the  teacher  for  said  district  is  employed.     (E.  S. 
1908,  §6582.) 

[1895,  p.  375.    Approved  March  14,  1895.] 

124.  Effect  of  alcoholic  drinks  and  narcotics.    1.    The 
nature  of  alcoholic  drinks  and  narcotics  and  their  effects 
on  the  human  system  in  connection  with  the  subjects  of 
physiology. and  hygiene,  shall  be  included  in  the  branches 
to  be  regularly  taught  in  the  common  schools  of  the  state 
and  in  all  educational  institutions  supported  wholly  or  in 
part  by  money  received  from  the  state  t  and  it  shall  be  the 


SCHOOL    LAW    OF    INDIANA-  109 

duty  of  the  boards  of  education  and  boards  of  such  educa- 
tional institutions,  the  township  trustees,  the  board  of 
school  trustees  of  the  several  cities  and  towns  in  this  state 
to  make  provisions  for  such  instruction  in  the  schools  and 
institutions  under  their  iurisdiction,  and  to  adopt  such 
methods  as  shall  adapt  the  same  to  the  capacity  of  the 
pupils  in  the  various  grades  therein ;  but  it  shall  be  deemed 
a  sufficient  compliance  with  the  requirements  of  this  section 
if  provision  be  made  for  such  instruction  orally  only,  and 
without  the  use  of  text-books  by  the  pupils.  (R.  S.  1908, 
§6586.) 

NOTE.     For  Sections  2  and  3  of  this  act,  see  pa^b  98. 
[1865,  p.  3,    Approved  March  6,  1865.] 

125.  Voters'  meeting — School  director.    25.    The  voters 
shall  meet,  annually,  on  the  first  Saturday  in  October,  and 
elect  one  of  their  number  director  of  such  school ;  who  shall, 
before  entering  upon  duty,  take  an  oath  faithfully  to  dis- 
charge the  same.    The  director  so  elected  shall,  within  ten 
days  after  said  election,  notify  the  trustee  of  his  election; 
and,  in  case  of  failure  to  elect,  the  trustee  shall  forthwith 
appoint  a  director  of  said  school.    But  any  director  so  ap- 
pointed may  be  removed,  upon  a  petition  of  three-fourths 
of  the  persons  attached  to  said  school  who  are  entitled  to 
vote  at  school  meetings.    (R,  S.  1908,  §6589.) 

1.  VOTERS  AT  SCHOOL  MEETINGS.  Voters  at  the  school  meetings  of  a  dis- 
trict are  all  taxpayers,  male  and  female,  except  married  women  and  minors, 
who  have  been  listed  as  parents,  guardians  or  heads  of  families,  and  at- 
tached to  such  district.  Taxpayers  are  those  persons  who  are  liable  to  pay 
taxes,  either  poll  or  upon  property.  Any  voter  at  the  school  meeting,  a 
woman  if  unmarried,  is  eligible  to  the  office  of  director. 

[1865,  p.  3.    Approved  March  6,  1865.] 

126.  Voters  at  school  meetings.    15.    Any  person  who  is  a 
voter  at  township  elections,  and  has  no  children  in  charge 
between  the  ages  of  six  and  twenty-one  years,  by  making 
application  to    the    trustee    of    his    township    while    the 
enumeration  is  being  made,  and  by  indicating  to  said  trus- 
tee his  selection  of  the  school  to  which  he  desires  to  be 


110  SCHOOL    LAW    OF    INDIANA- 

attached,  may  have  his  name  listed  by  said  trustee  on  the 
enumeration  list,  and  be  attached  to  the  school  selected,  and 
thus  become  entitled  to  the  privileges  of  said  school,  and 
be  a  voter  at  its  school  meetings.  Such  persons,  together 
with  the  parents,  guardians  and  heads  of  families  men- 
tioned in  section  14,  and  the  persons  transferred  from  other 
townships  and  attached  to  said  school,  as  provided  in  sec- 
tions fourteen  and  sixteen  of  this  act,  shall  be  the  only 
persons  entitled  to  vote  at  the  meetings  of  the  school  so 
selected,  and  all  other  persons  shall'  be  excluded  from  vot- 
ing at  such  meetings. 
* 

1.  NOTE.     In  Carnahan  v.  State,  155  Irid.  150,  the  supreme  court  inti- 
mates that  the  above  section  is. still  in  force,  and  calls  attention  to  the  fact 
that  it  has  been  omitted  from  all  the  revisions  of  the  sta'utes  of  this  state 
made  since  1870. 

2.  LISTED  AND  ATTACHED.    To  be  "listed  as  parents,  guardians  or  heads 
of  families"  means  that  the  trustee  in  taking  the  enumeration  listed  them, 
that  is,  put  them  on  the  enumeration  list  of  report,  and  "attached,"  that  is. 
assigned  them  to  a  certain  district  for  school  purposes. 

[1873,  p.  68.    Approved  March  8, 1873.] 

127.  Other  meetings — Powers.  26.  The  voters  at  school 
meetings  may  hold  other  school  meetings  at  any  time  upon 
the  call  of  the  director  or  any  five  voters.  Five  days's  no- 
tice shall  be  given  of  such  meeting,  by  posting  notices  in 
five  public  places  in  the  vicinity;  but  no  meeting  shall  be 
illegal  for  want  of  such  notice,  in  the  absence  of  fraud ;  and 
the  legality  of  such  proceedings,  if  called  in  question,  shall 
be  determined  by  the  trustee  of  the  township,  subject  to 
an  appeal  to  the  county  superintendent,  whose  decision 
shall  be  final.  Such  school  meetings  shall  have  power  to  de- 
termine what  branches,  in  addition  to  those  mentioned  in 
section  thirty-four  of  this  act  [§  38],  they  desire  shall  be 
taught  in  such  school,  and  the  time  at  which  such  school 
shall  be  taught:  Provided,  however,  That  the  tuition  reve 
nue  apportioned  to  the  school  shall  be  expended  within  the 
school  year  for  which  it  was  apportioned:  Provided,  fur- 
ther, That  such  school  year  shall  begin  on  the  first  Monday 
of  July.  Such  school  meetings  shall  likewise  have  the 
power  to  fill  vacancies  that  may  occur  in  the  office  of  di- 


SCHOOL     LAW     OF    INDIANA-  Ill 

rector;  to  direct  such  repairs  as  they  may  deem  necessary  in 
their  school  house;  to  petition  the  township  trustee  for  the 
removal  of  their  school  house  to  a  more  convenient  loca- 
tion, for  the  erection  of  a  new  one,  or  the  sale  of  an  old 
one  and  the  lands  belonging  thereto,  and  upon  any  other 
subject  connected  therewith;  and  at  such  meetings  all  tax- 
payers of  the  district  shall  be  entitled  to  vote,  except  mar- 
ried women  and  minors :  Provided,  That  nothing  herein  con- 
tained shall  prevent  the  trustee  from  exercising  a  sound 
discretion  as  to  the  propriety  or  expediency  of  making  such 
repairs,  removing  or  erecting  school  houses,  and  the  cost 
thereof.  (R.  S.  1908,  §6590.) 

[18')5,  p.  3     Approved  March  6,  1865.J 

128.  Estimates  of  expenses.     27.     When  such  meetings 
shall  petition  the  trustee  in  regard  to  repairs,  removal  or 
erection  of  a  school  house,  they  shall  also  furnish  to  such 
trustee  an  estimate  of  the  probable  cost  of  such  repairs,  re- 
moval or  erection.     (R.  S.  1908,  §6591.) 

129.  Director's  duties.     29.     The  director  of  each  school 
shall  preside  at  all  meetings  of  the  inhabitants  connected 
therewith,  and  record  their  proceedings.    He  shall  also  act 
as  the  organ  of  communication  between  the  inhabitants  and 
the  township  trustee.     (R.  S.  1908,  §6604.) 

130.  Charge  of  the  school  house.     30.     He  shall  take 
charge    of    the    school    house    and    property    belonging 
thereto,  under  the  general  order  and  concurrence  of  the  trus- 
tee, and  preserve  the  same;  and  shall  make  all  temporary 
repairs  of  the  school  house,  furniture  and  fixtures,  and  pro- 
vide the  necessary  fuel  for  the  school,  reporting  the  cost 
thereof  to  the  trustee  for  payment.     (R,  S.  1908,  §  6605.) 

1.  POSSESSION  OF  HOUSE.     We  think  the  trustee  has  charge  and  posses- 
sion of  the  school  house,  for  although  the  director  has  the  charge  for  cer- 
tain purposes,  he  acts  under  the  order  and  concurrence  of  the  trustees. — 
Hurd  v.  Walters.  48  Ind.  14S. 

2.  CHANGING  SITE  OF  SCHOOL  HOUSE.     The  relocation  of  a  school  house 
requires  a  majority  petition  of    the  patrons,  the  trustee's  signature  thereto 
and  the  county  superintendent's  decision  in  favor  thereof,  a  failure  of  any 
one  of  which  being  fatal.— Brandt  v.  State,  ex  rel.,  171  Ind.  288. 

."..     CONTROL  OF  SCHOOL  PROPERTY.     See  (R.  S.  1908,  §6412.) 


112  SCHOOL    LAW    OF   INDIANA. 

131.  Visits  schools— May  exclude  pupils.    31.    He  shall 
visit  and  inspect  the  school,  from  time  to  time,  and,  when 
necessary,  may  exclude  any  refractory  pupil  therefrom ;  but 
the  exclusion  of  any  pupil  from  the  school  for  disorderly 
conduct  shall  not  extend  beyond  the  current  term,  and  may 
be,  in  the  discretion  of  the  director,  for  a  shorter  period. 
(R..S.  1908,  §6606.) 

132.  Appeal  to  trustee.     32.     The  decision  of  a  director 
in  excluding  a  pupil  shall  be  subject  to  appeal  to  the  town- 
ship trustee,  whose  decision  shall  be  final.     (R.  S.  1908, 
£6607.) 

[1907,  p.  323.    Approved  March  9.  1907] 

133.  Common  schools  defined — High  school  courses.     1. 
The  public  schools  of  the  state  shall  be  and  are  defined  and 
distinguished  as    (a)    elementary    schools    and    (b)    high 
schools.     The  elementary  schools    shall   include   the   first 
eight  (8)  years  of  school  work,  and  the  course  of  study  for 
such  years  [that]  which  is  now  prescribed  or  may  here- 
after be  prescribed  by  law.    The  commissioned  high  schools 
shall  include  not  less  than  four  (4)  years'  work  following 
the  eight  years  in  the  elementary  schools.    The  high  school 
course  in  non-commissioned  high  schools  shall  be  uniform 
throughout  the  state  and  shall  follow  a  course  to  be  estab- 
lished and  amended  or  altered  from  time  to  time  as  occasion 
may  arise,  by  the  state  board  of  education;     (R.  S.  1908, 
§6583.) 

134.  High  school  studies.    2.    The  following  enumerated 
studies  shall  be  taught  in  all  commissioned  high  schools 
throughout  the  state,  together  with  such  additional  studies 
as  any  local  board  of  education  may  elect  to  have  taught  in 
its  high  school :    Provided,  That  such  additions  shall  be  sub- 
ject to  revision  of  the  state  board  of  education.     Mathe- 
matics:   Commercial  arithmetic,  algebra,  geometry.    His- 
tory:  United  States,  ancient,  medieval  or  modern.    Geog- 
raphy:  Commercial   or   physical.     English:    Composition, 
rhetoric.-   Literature:  English,  American.     Language  (for- 


SCHOOL    LAW    OF    INDIANA.  113 

eign) :  Latin  or  German.  Science:  Biology,  physics  or 
chemistry.  Civil  government:  General,  state.  Drawing. 
Music.  (R.  S.  1908,  §6584.) 

[1889,  p.  355.    Approved  March  9,  1889.1 

135.  Kindergartens.     1.     In  addition  to  other  grades  or 
departments  now  established  in  the  common  schools  of  the 
state,  the  board  of  trustees  of  any  incorporated  town  or 
city  are  hereby  empowered  by  law  to  establish,  in  connec- 
tion with  the  common  schools  of  such  incorporated  town  or 
city,  a  kindergarten  or  kindergartens  for  the  instruction 
of  children  between  the  ages  of  four  and  six,  to  be  paid 
for  in  the  same  manner  as  other  grades  and  departments 
now  established  in  the  common  schools  of  such  incorpo- 
rated town  or  city :    Provided,  however,  That  no  money  ac- 
cruing to  such  incorporated  town  or  city  from  the  "school 
revenue  for  tuition  fund"  of  the  state  shall  be  used  to  de- 
fray the  tuition  and  other  expenses  of  such  kindergarten; 
but  the  same  may  be  defrayed  from  the  local  tax  for  tuition 
and  the  special  school  revenue  of  said  incorporated  town  or 
city.     (R.  S.  1908,  §6483.) 

[1901,  p.  123.    Approved  March  6,  1901.] 

136.  Free  Kindergarten  Tax.     1.     In  any  city  having  a 
population  according  to  the  last  United  States  census  of  over 
six  thousand,  the  board  of  school  commissioners  or  school 
trustees  may,  in  fixing  the  annual  levy  of  taxes  for  school 
purposes,  include  therein  two  cents  on  each  one  hundred 
dollars  of  valuation  for  the  purpose  of  providing  a  fund  for 
the  support  of  free  kindergarten  schools  in  said  city.     (R. 
S.  1908,  §6484,  as  amended  1911,  p.  112.) 

137.  How  collected  and  disbursed.    2.    The  tax  so  levied 
shall  be  collected  as  the  other  taxes  for  school  purposes 
in  such  city  are  collected  and  shall  be  disbursed  by  the 
county  treasurer  as  other  school  funds  raised  by  local  taxa- 
tion are  disbursed,  and  said  free  kindergarten  fund  shall 
be  applied  to  the  aid,  maintenance  and  support  of  free  kin- 

[8—27277] 


114  SCHOOL    LAW    OF    INDIANA- 

dergarten  schools  conducted  by  any  association  incorpo- 
rated for  that  purpose  having  the  approval  of  and  desig- 
nated by  the  superintendent  of  schools  of  said  city,  and 
said  fund  shall  be  from  time  to  time  paid  over  to  said  asso- 
ciation for  such  use  upon  the  written  order  of  said  superin- 
tendent directed  to  said  county  treasurer :  Provided,  That 
in  cities  having  a  population  of  more  than  one  hundred 
thousand,  according  to  the  last  preceding  United  States 
census,  such  tax  shall  be  levied  and  such  association  shall 
not  receive  such  funds  unless  for  more  than  two  years 
next  preceding  it  -shall  have  maintained  at  least  twelve 
such  free  kindergarten  schools.  (R.  S.  1908,  §6485.) 

[1911,  p.  485.    Approved  March  6,  1911J 

138.  Medical  inspection  of  children.     1.     That  all  school 
trustees  and  township  trustees  are  herewith  permitted  and 
recommended  to  institute  medical  inspection  of  school  chil- 
dren at  any  time,  the  said  trustees  may  require  teachers 
to  annually  test  the  sight  and  hearing  of  all  school  children 
under  their  charge,  the  said  tests  and  uses  thereof  to  be 
made  according  to  the  rules  hereinafter  authorized. 

139.  Medical  inspection  defined.     2.     The  term,  medical 
inspection,  as  used  in  this  act,  shall  be  held  to  mean  the  test- 
ing of  the  sight  and  hearing  of  school  children  and  the  in- 
spection of  said  children  by  school  physicians  for  disease, 
disabilities,  decayed  teeth  or  other  defects,  which  may  re- 
duce efficiency  or  tend  to  prevent  their  receiving  the  full 
benefits  of  school  work. 

140.  School      physician — Appointment — Compensation. 

3.  Beginning  with  the  school  year  1911,  school  trustees 
and  township  trustees  may  appoint  at  least  one  school  physi- 
cian for  each  school  corporation:  Provided,  Where  practi- 
cable, two  or  more  school  corporations  may  unite  and  em- 
ploy one  such  physician,  whose  duties  shall  be  such  as  are 
prescribed  in  this  act  and  the  authorized  rules,  but  no  phy- 
sician shall  have  more  than  2,000  school  children  under  his 
charge.  Said  school  physicians  shall  be  graduates  of  a 


SCHOOL    LAW     OF     INDIANA- 


115 


medical  college,  recognized  by  the  state  board  of  registra- 
tion and  examination,  shall  hold  a  license  to  practice  medi- 
cine in  Indiana,  and  shall  be  informed  and  skilled  in  medical 
inspection  of  children,  informed  in  the  health  laws  and  the 
health  rules  of  the  state  board  of  health,  shall  be  temperate, 
able-bodied,  cleanly  in  person,  not  addicted  to  drugs,  and  of 
good  moral  character,  and  no  others  shall  be  appointed. 
School  physicians  may  be  discharged  by  the  appointing 
power  at  any  time.  School  physicians  shall  serve  one  year 
and  until  their  successors  are  appointed,  and  shall  receive 
such  compensation  as  the  appointing  trustee  or  trustees  may 
determine. 

141.  Physician's  duties.  4.  School  physicians  shall 
make  prompt  examination  and  diagnosis  of  all  children  re- 
ferred to  them  and  such  further  examination  of  teachers, 
janitors  and  school  buildings  as  in  their  opinion  the  pro- 
tection of  the  health  of  the  pupils  and  teachers  may  require. 
Whenever  a  school  child  is  found  to  be  ill  or  suffering  from 
any  physical  defect,  the  school  physician  shall  promptly 
send  it  home,  with  a  note  to  parents  or  guardians,  briefly 
setting  forth  the  discovered  facts,  and  advising  that  the 
family  physician  be  consulted.  If  the  parents  or  guardians 
are  so  poor  as  to  be  unable  to  give  the  relief  that  is  neces- 
sary, then  school  trustees  and  township  trustees,  as  the  case 
may  be,  shall  provide  the  necessary  relief:  Provided,  That 
in  cities  where  public  dispensaries  exist,  the  relief  shall  be 
given  by  said  dispensaries.  School  physicians  shall  keep 
accurate  card-index  records  of  all  examinations,  and  said 
records,  that  they  may  be  uniform  throughout  the  state  shall 
he  according  to  the  form  prescribed  by  the  rules  authorized 
in  this  act,  and  the  method  and  manner  of  reports  to  be 
made  shall  be  according  to  said  rules:  Provided,  however, 
That  if  the  parent  or  guardian  of  any  school  child  shall  at 
the  beginning  of  the  school  year  furnish  the  written  certifi 
cate  of  any  reputable  physician  that  the  child  has  been  ex- 
amined and  parents  notified  of  the  results  of  such  examina- 
tion in  such  cases  the  services  of  the  medical  inspector  here- 
in provided  for  shall  be  dispensed  with,  and  such  certificate 


116  SCHOOL    LAW    OF    INDIANA. 

shall  be  furnished  by  such  parent  or  guardian  from  time  to 
time,  as  required  by  the  trustee  or  board  of  trustees  having 
charge  of  such  schools. 

142.  Rules  for  enforcement.     5.     The  state  board  of  edu- 
cation and  the  state  board  of  health,  shall  jointly  pass  rules 
for  the  detail  enforcement  of  the  purposes  of  this  act,  which 
rules  shall  bear  the  printed  seals  of  said  boards;   the  said 
rules  to  be  printed  and  promulgated  by  the  state  printing 
board;    promulgation  to  consist  in  supplying  a  reasonable 
number  of  copies  to  each  county  superintendent  from  whom 
all  who  are  interested  may  procure  a  copy. 

143.  Penalty.     6.     All  violations  of  this  act,  except  as 
otherwise  provided,  shall  be  punished  by  a  fine  of  not  less 
than  ten  or  more  than  fifty  dollars, 

fl907,  p.  537.    Approved  March  12,  1907.] 

144.  United  States  Flag.     1.     It  shall  be  the  duty  of  the 
township  trustees,  boards  of  school  trustees  and  boards  of 
school  commissioners  of  the  various  school  corporations  of 
this  state,  upon  the  petition  of  a  majority  of  the  school  pa- 
trons of  any  district  school  to  procure  a  United  States  flag 
not  less  than  six  feet  long  for  each  school  under  their  su- 
pervision   (R.  S.  1908,  §6413,  as  amended  1911,  p.  453.) 

145.  Display  of  Flag.     2.     The  township  trustees,  boards 
of  school  trustees  and  boards  of  school  commssioners  of  the 
various  school  corporations  in  this  state  shall  cause  the 
United  States  flag  to  be  displayed  upon  every  public  school 
building  under  their  control  on  every  school  day  such  school 
is  in  session :    Provided,  That  the  weather  conditions  permit. 
Such  trustees  and  boards  shall  establish  rules  and  regula- 
tions for  the  proper  care,  custody  and  display  of  the  flag 
and  when  for  any  cause  it  is  not  displayed,  it  shall  be  placed 
conspicuously  in  the  principal  room  or  assembly  hall  of  the 
school  building.     (R.  S.  1908,  §6414,  as  amended  1911,  p. 
453.) 


SCHOOL    LAW    OF    INDIANA-  117 

146.  Destruction  or  Mutilation.     3.    It  shall  be  unlawful 
for  any  person  to  mutilate  or  destroy  any  flag  so  owned 
by  said  school  corporation,  or  to  mutilate  or  destroy  any 
flagstaff  or  appliances  belonging  to  said  school  corpora- 
tions as  aforesaid.     (E.  S.  1908,  §6415.) 

147.  Penalty.     4.     Any  person  violating  the  provisions 
of  section  3  of  this  act  shall  be  guilty  of  misdemeanor  and 
on  conviction  shall  be  punished  by  a  fine  of  not  less  than 
$25.00  for  the  first  offense,  and  not  more  than  $100.00  for 
the  second  offense,  to  which  may  be  added  imprisonment 
for  not  more  than  thirty  days.    (R.  S.  1908,  §6416.) 

[1909.  p.  356.    Approved  March  8, 1909.] 

147J.  Star  Spangled  Banner.  The  state  board  of  edu- 
cation shall  require  the  singing  of  the  "Star-Spangled  Ban- 
ner, "  in  its  entirety  in  the  schools  of  the  State  of  Indiana, 
upon  all  patriotic  occasions,  and  that  the  said  board  of  edu- 
cation shall  arrange  and  supply  the  words  and  music  in 
sufficient  quantity  for  the  purposes  indicated  therein. 

[1907,  p.  616.    Approved. March  12,  1907.] 

148.  Secret  societies  unlawful.     1.     The  common  schools 
of  the  state  of  Indiana,  both  elementary  and  high  schools, 
shall  be  open  to  all  children  until  they  complete  the  courses 
of  study  in  said  common  schools,  subject  to  the  authority 
of  the  teachers  therein  and  to  all  the  rules  and  regula- 
tions provided  by  the  proper  authorities  for  the  govern- 
ment of  such  schools.    It  shall  be  unlawful  for  the  pupils 
in  any~  of  the  elementary  or  high  schools  of  this  state  to 
form  secret  societies,  fraternities  or  other  similar  organ- 
izations, in  such  schools;    and  the  board  of  school  com- 
missioners or  board  of  trustees  of  any  school  town  or  city, 
and  the  trustee  of  any  school  township,  and  the  superin- 
tendent of  any  school,  are  hereby  required  to  enforce  the 
provisions  of  this  act  by  suspending,  or,  if  necessary,  ex- 
pelling a  pupil  in  any  elementary  or  high  school  who  re- 
fuses or  neglects  to  obey  such  rules  or  regulations  or  any 
of  them.    (E.  S.  1908,  §6585.) 


118  SCHOOL    LAW    OF    INDIANA- 

1.  AFFILIATION  WITH  SECRET  SOCIETY  GROUNDS  FOR  SUSPENSION  OR  EX- 
PULSION. In  my  opinion  school  authorities  may  lawfully  suspend  or  expel 
pupils  who  persist  in  affiliating  with  secret  societies  when  such  affiliation 
is  in  violation  of  the  rules  and  regulations  of  the  school  board. — Biugham, 
Attorney-General . 

[1911,  p.  641.    Approved  March  6, 1907.] 

149.  Night  School.     1.     In  all  cities  having  a  popula- 
tion of  three  thousand,  or  more,  according  to  the  last  pre- 
ceding United  States  census  the  school  trustees  of  such 
cities  may  keep  and  maintain  a  night  school,  between  the 
hours  of  seven  and  nine  and  a  half  o'clock  p.  m.  during  the 
regular  school  terms,  as  a  part  of  the  systems  of  common 
schools  whenever  twenty  or  more  inhabitants  of  such  city 
havin  children  between  the  ages  of  fourteen  and  twenty-one 
years  of  age,  or  persons  over  the  age  of  21  years  of  age,  and 
who  by  reason  of  their  circumstances,  are  compelled  to  be 
employed  or  have  their  children  employed  during  the  school 
days  to  aid  in  the  support  of  such  families  who  desire  to 
and  who  shall  attend  such  school,  shall  petition  such  school 
trustees  so  to  do. 

150.  Who  may  attend.     2.    All  persons  between  the  ages 
of  fourteen  and  thirty,  who  are  actually  engaged  in  busi- 
ness or  at  labor  during  the  day,  shall  be  permitted  to  at- 
tend such  school. 


SCHOOL    LAW    OF    INDIANA. 


119 


CHAPTER  VIII. 

SCHOOL  PROPERTY. 


SEC. 

151.  Title  to  school  property. 

152.  Use  of  school  house  for  private  school. 

153.  Use  of  school  house  for  other  purposes. 

154.  School  house,  when  sold. 

155.  Sale  of  school  propeety  by  Township  Trus- 

tees. 

156.  Changing  site  of  school  house. 

157.  Notice  of  petition  to  change. 

158.  Penalty. 

159.  School  house  in  annexed  territory. 

160.  Pay  for  school  house  in  annexed  territory. 

161.  Donations  and  bequests. 

162.  Petition  of  majority  of  voters. 

163.  Sale  of  bonds. 

164.  Donations  made  to  school  corporations. 

165.  Conditional  gift. 

166.  Income  from  gifts. 

167.  Trustee  for  gift.    Powers. 

168.  Identity  of  gift  not  to  be  lost. 

169.  Donations  for  county  high  schools. 

170.  Trustees  of  county  high  schools. 

171.  Duties  of  Trustees. 


SEC. 

172.  Purchase  of  real  estate— Petition. 

173.  Appraisement. 

174.  Duty  of  Appraisers— Payment— Title- 

Trial. 

175.  Tender  before  appraisement — Costs. 

176.  School  property  liable  for  public  improve- 

ments. 

177.  Former  payments  legalized — Lien. 

178.  Special  school  fund. 

179.  Doors  must  swing  outward. 

180.  Sanitary  buildings. 

181 .  Temperature—  Uncleanliness— Teachers- 

Penalties. 

182 .  Hygiene  and  sanitary  science — Printed  data 

183.  School  officers— Powers. 

184.  Penalty  as  to  officers. 

185.  Buildings  in  towns — Use  by  township. 

186.  Buildings— Fire— Means  of  escape. 

187.  Fire  escapes. 

188.  Plan  of  escapes— Approval. 

189.  .  Penalties. 

190.  Inspectors— Duties— Penalty. 

191.  Township  Trustee— Duties. 


151.  Title  to  school  property.     157.    The  title  to   all 
lands  acquired  for  school  purposes  shall  be  conveyed  to  the 
township,  incorporated  town,  or  city  for  which  it  is  ac 
quired,  in  the  corporate  name  of  such  township,  town  or 
city,  which  is  used  for  school  purposes,  for  the  use  of  com- 
mon schools  therein.    In  all  cases  in  which  the  title  to  any 
such  land  is  vested  in  any  other  person  or  corporation  than 
as  above  provided,  it  shall  be  the  duty  of  the  trustee,  for 
school  purposes  of  the  township,  town,  or  city,  to  procure 
the  title  to  be  vested  as  in  this  section  provided.     (R.  S. 
1908,  §6609.) 

152.  Use  of  school  house  for  private  school.  158.  When  a 
school  house  is  unoccupied  by  a  common  school  of  the  state, 
and  the  people  who  form  the  school  at  such  house  desire  that 
a  private  school  be  taught  therein,  and  a  majority  of  them 
make  application  to  the  trustee  having  charge  of  such  house 


129 


SCHOOL    LAW    OF    INDIANA. 


for  the  use  of  it  for  such  private  school,  it  shall  be  the  duty 
of  the  trustee  to  permit  said  school  house  to  be  used  for  such 
private  school  by  such  teacher  as  may  be  mentioned  in  the 
application,  but  not  for  a  longer  time  than  until  said  house 
may  be  wanted  for  a  public  school ;  and  such  permission  and 
use  shall  be  upon  the  condition  that  the  teacher  employed  in 
said  school  shall  report,  in  writing,  to  the  trustee- 
First.  The  number  of  teachers  employed,  distinguishing 
between  male  and  female. 

Second.     The  number  of  pupils  admitted  into  the  school 
within  the  term,  and  the  average  daily  attendance. 

Third.     The  cost  of  tuition,  per  pupil  per  month,  in  said 
school.     (E,  S.  1908,  §6613.) 


J,  p.  181.    Approved  March  3, 1859.] 

153.  Use  of  school  house  for  other  purposes.    6.    If  a  ma- 
jority of  the  legal  voters  of  any  school  district  desire  the  use 
ot?  the  school  house  of  such  district  for  other  purposes  than 
common  schools,  when  unoccupied  for  common  school  pur- 
poses, the  trustee  shall,  upon  such  application,  authorize  the 
director  of  such  school  district  to  permit  the  people  of  such 
district  to  use  the  house  for  any  such  purpose,  giving  equal 
rights  and  privileges  to  all  religous  denominations  and  po- 
litical parties,  without  any  regard  whatever  to  the  numerical 
strength  of  any  religious  denomination  or  political  party 
of  such  district.     (E.  S'.  1908,  §6614.) 

1.  USE  OF  THE  SCHOOL  HOUSE.  The  trustee,  upon  application  of  a 
majority  of  the  legal  voters  of  a  school  district,  may  authorize  the  director 
to  permit  the  use  of  the  house  for  other  than  school  purposes,  and  a  com- 
plaint to  enjoin  such  use  must  aver  that  a  majority  of  the  legal  voters  of 
the  district  have  not  expressed  a  desire  therefor. — Kurd  v.  Walters,  48 
Ind.  148. 

[1866,  p.  3.    Approved  March  6,  1865.] 

154.  School  house,  when  sold.     149.     The  proper  trustee 
may,  whenever  a  school  house  shall  have  been  removed  to  a 
different  location,  or  a  new  one  erected  for  the  school  in  a 
different  place,  if  the  land  whereon  the  same  is  situated  be- 
longs unconditionally  to  the  township,  town  or  city,  sell  the 
same,  when,  in  his  opinion,  it  is  advantageous  to  the  town- 


SCHOOL    LAW    OF    INDIANA.  121 

ship,  town  or  city,  so  to  do,  for  the  highest  price  that  can 
be  obtained  therefor;  and  upon  the  payment  of  the  purchase 
money  to  the  township,  town  or  city  treasurer,  he  shall  ex- 
ecute to  the  purchaser  a  deed  of  conveyance,  which  shall  be 
sufficient  to  vest  in  such  purchaser  all  the  title  of  such  town- 
ship, town  or  city  thereto.  The  money  derived  from  such 
sale  shall  be  a  part  of  the  special  school  revenue.  (E.  S. 
1908,  §6615.) 

[1907,  p.  575.    Approved  March  12,  1907.] 

155.  Sale  of  school  property  by  township  trustee.  1. 
In  all  cases  where  school  properties  have  not  been  used  and. 
occupied  for  school  purposes  for  a  period  of  two  years,  or 
are  unnecessary  by  reason  of  the  construction  of  other 
school  houses,  and  the  said  school  property  shall  belong  un- 
conditionally to  the  township,  the  proper  trustee  may,  upon 
petition  signed  by  two-thirds  (2-3)  of  the  qualified  voters 
of  the  school  district  wherein  said  property  is  situated,  sell 
the  same  for  the  highest  price  that  can  be  obtained  therefor, 
but  not  less  than  two-thirds  of  its  appraised  value,  and  upon 
the  payment  of  the  purchase  money  to  the  township  trustee, 
he  shall  execute  to  the  purchaser  a  deed  of  conveyance,  if 
of  real  estate,  and  a  bill  of  sale  if  of  building  or  buildings, 
which  shall  be  sufficient  to  vest  in  such  purchaser  all  the 
title  of  such  township  thereto.  Such  sale  shall  be  made  only 
after  said  property  has  been  duly  appraised  by  three  disin- 
terested householders  of  the  neighborhood,  as  other  prop- 
erty is  required  to  be  appraised,  and  the  publication  of  no- 
tice of  the  sale  thereof  for  three  successive  weeks  in  a  news- 
paper of  general  circulation  printed  and  published  in  the 
township,  if  any,  otherwise  in  such  paper  printed  and  pub- 
lished in  the  township  nearest  thereto,  and  by  posting  five 
(5)  notices  of  such  sale  in  the  township,  three  of  which  shall 
be  in  the  district  wherein  said  property  is  situated,  at  least 
three  weeks  prior  to  the  date  of  such  sale.  The  money  de- 
rived from  such  sale  shall  be  a  part  of  the  special  school 
revenue,  and  shall  be  duly  reported  and  accounted  for  by 
such  trustee.  (R.  S.  1908,  §6616.) 


122 


SCHOOL    LAW    OF    INDIANA- 


1.  CONVEYANCES.  A  deed  to  the  school  township  for  the  use  of  the 
township  for  school  purposes  is  an  absolute  and  not  a  conditional  convey- 
ance ;  and  the  township  may  sell  the  property  so  deeded.  The  deed  of  the 
township  should  be  made  in  the  name  of  the  school  township,  and  signed 
by  the  trustee.  School  boards  of  cities  and  towns  may  sell  and  convey 
a  school  lot  upon  the  conditions  named  in  this  section. 


J,  p.  17.     Approved  February.7, 1893.] 

156.  Changing  site  of  school  house.     1.     Whenever 'it 
becomes  necessary  for  the  trustee  of  any  township  in  this 
state  to  change  and  re-establish  the  site  of  any  school  build- 
ing and  remove  said  building  to  a  new  site  and  location 
therefor,  such  trustee  shall  first  present  to  the  county  super- 
intendent of  schools  of  the  county  in  which  such  township  is 
situated,  a  petition  setting  forth  therein  the  place  and  par- 
ticular point  to  where  it  is  desired  to  change  and  relocate 
the  site  of  any  such  building,  and  to  remove  the  same  there- 
to, together  with  a  brief  statement  of  the  purposes  and  rea- 
sons for  such  proposed  change  of  location  of  said  school 
building,  and  upon  such  petition  shall  first  procure  an  order 
from  such  county  superintendent,  authorizing  him  to  change 
the  site  and  location  of  such  school  building,  and  remove 
said  building  to  its  new  site  and  location:    Provided,  That 
said  petition  shall  be  signed  by  said  trustee  and  the  major- 
ity of  the  patrons  of  the  school  where  said  building  is  locat- 
ed, and  satisfactory  proof  shall  be  made  to  said  county  su- 
perintendent that  the  persons  signing  said  petition  con- 
stitute a  majority  of  the  patrons  of  said  school.     (Tfc.  S. 
1908,  §6417.)' 

157.  Notice  of  petition  to  change.     2.     Before  such  coun- 
ty superintendent  shall  grant  such  order  such  trustee  shall 
make  and  file  with  said  superintendent  his  affidavit  that 
he  has  caused  notice  to  be  given  of  such  petition,  the  pur- 
poses thereof,  the  place  of  the  change  of  location  of  such 
school  building,  and  the  time  when  the  same  will  be  pre- 
sented to  the  said  county  superintendent  by  posting  notices 
in  not  less  than  five  public  places  in  his  township,  three  of 
which  shall  be  in  the  immediate  neighborhohod  from  where 
such  school  building  is  to  be  removed,  at  least  twenty  days 


SCHOOL    LAW    OF    INDIANA-  123 

prior  to  the  time  when  the  same  is  to  be  heard  by  said  coun- 
ty superintendent.     (R.  S.  1908,  §6418.) 

158.  Penalty.     3.     The    trustee    of    any    township    in 
this  state  violating  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
fined  in  any  sum  not  less  than  fifty  nor  more  than  five  hun- 
dred dollars.     (R.  S.  1908,  §6419.) 

[1893,  p.  194.    Approved  March  3, 1893.] 

159.  School  house  in  annexed  territory.     1.     Whenever 
there  has  been,  or  may  hereafter  be,  by  proper  proceedings, 
any  territory  annexed  to  any  city  or  incorporated  town  of 
this  state,  which  territory  included  within  such  boundary 
as  annexed  any  real  estate  which,  prior  to  such  annexation, 
was  the  property  of  the  school  township,  adjoining  such 
town  or  city,  and  used  for  school  purposes  by  such  school 
township,  such  real  estate  shall,  by  virtue  of  such  annexa- 
tion, at  once  become  in  fee  simple  the  property  of  the  school 
corporation  of  such  town  or  city  within  the  corporate  boun- 
daries of  which  it  is  found  after  such  annexation  of  terri- 
tory, and  it  is  hereby  made  the  duty  of  the  township  trustee 
to  at  cnce  execute  and  deliver  to  the  school  corporation  oi 
such  town  or  oit;  a  deed  conveying  such  title  as  his  school 
township  has  for  ail  school  property  which  has  passed,  by 
such  proceedings,  from  the  territorial  jurisdiction  of  the 
township  to  that  of  a  town  or  city.    (R.  S.  1908,  §6611.) 

1.  SECTION  VALID.  The  above  section  is  valid,  even  if  the  old  town- 
ship is  in  debt  for  the  school  house,  and  the  annexing  city  or  town  is  not 
bound  to  contribute  to  the  payment  of  the  debt.  If  the  township  trustee 
refuses  or  neglects  to  convey  the  property  to  such  annexing  city  or  town 
he  may  be  compelled  to  do  so  by  mandate  of  the  courts. — Board  v.  Center 
Township,  143  Ind.  391.  This  decision  modifies  the  following  cases:  Car- 
son v.  State,  27  Ind.  4U5 ;  lleizer  v.  Yphn,  37  Ind.  415;  State  v.  Shield,  56 
Ind.  021;  Rechert  v.  City  of  Peru,  CO  Jnd.  473;  School  Township  of  Lees- 
burgh  v.  Plain  School  Township,  SG  Iiid.  582;  School  Township  of  Allen  v. 
School  Town  of  Macy,  109  Ind.  559;  Newpoint  Lodge  mv.  School  Town  of 
Newpoint,  138  Ind.  141. 

[1899,  p.  376.    Approved  March  3,  1899.] 

160.  Pay  for  school  house  in  annexed  territory.    1.    In 
all  cases  where  any  city  or  incorporated  town  of  this  state 


124  SCHOOL    LAW    OF    INDIANA- 

has  annexed  or  shall  hereafter  annex  any  territory,  or  where 
any  town  shall  he  hereafter  incorporated  in  which  territory 
so  annexed  or  incorporated  there  was  or  shall  be  the  prop- 
erty of  any  school  township  used  by  such  school  township 
for  school  purposes,  and  such  school  township  was,  or  shall 
be  at  the  date  of  such  annexations,  indebted  either  for  the 
purchase  of  said  school  property,  or  for  buildings  construct- 
ed thereon,  which  indebtedness  is  unpaid  at  the  date  of  the 
passage  of  this  act,  it  shall  and  is  hereby  made  the  duty  of 
the  school  corporation  of  such  city  or  incorporated  town 
to  pay  such  indebtedness,  and  such  school  corporation  is 
hereby  declared  to  be  and  made  liable  therefor.  Until  such 
city  or  town  school  corporation  shall  have  paid  such  in- 
debtedness, it  shall  not  be  entitled  to  possession  of  such 
property,  or  to  a  deed  therefor,  and  upon  paying  such  in- 
debtedness by  said  school  township,  such  school  township 
shall  be  entitled  to  recover  the  amount  so  paid  from  said 
city  school  corporation  with  interest  at  the  rate  of  six  per 
cent,  per  annum  from  date  of  payment,  and  on  payment  of 
such  amount  the  said  school  corporation  shall  be  entitled  to 
a  deed  and  possession  of  such  property  as  now  by  law  pro- 
vided. (E.  S.  1908,  §6612.) 

1.  NOTE.  Where  a  town  is  incorporated,  and  within  the  incorporated 
limits  is  a  township  school  house,  the  town  is  not  liable  to  pay  the  town- 
ship for  the  same,  the  above  section  having  no  application  to  such  an  in- 
stance. It  is  only  where  a  city  or  town,  already  in  existence,  annexes 
territory  in  which  is  situated  a  township  school  house  that  such  city  or 
town  is  liable. — Mauniee  School  Tp.  v.  School  Town  of  Shirley  City,  159 
Tnd.  423 ,  63  N.  E.  Rep.  285. 

[1877,  p.  126.    Approved  March  7.  1877.] 

161.  Donations  and  bequests.  1.  Whenever  any  per- 
son shall  give  or  bequeath  unto  trustees  any  sum  of  money 
exceeding  five  thousand  dollars,  for  the  purpose  of  erecting 
a  public  school  building  or  seminary  in  any  unincorporated 
town  in  this  state,  and  upon  the  express  or  implied  condi- 
tion contained  in  said  bequest  that  an  amount  equal  there- 
to shall  be  raised  by  the  citizens  of  said  town  or  township 
for  a  like  purpose,  the  township  trustee  of  said  township  in 
which  said  town  is  situated  shall,  upon  the  petition  of  a  ma- 


SCHOOL    LAW    OF    INDIANA.  125 

jority  of  the  legal  voters  of  said  township,  be  authorized  to 
prepare,  issue  and  sell  the  bonds  of  said  township,  to  secure 
a  loan  not  exceeding  fifteen  thousand  dollars  in  anticipa- 
tion of  the  revenue  for  special  school  purposes,  for  the  pur- 
pose of  complying  with  the  condition  annexed  to  such  gift 
or  devise — said  bonds  to  bear  a  rate  of  interest  not  exceed- 
ing seven  per  cent,  per  annum,  payable  at  such  time,  with- 
in seven  years  from  date,  as  such  trustee  may  determine: 
Provided,  That  until  all  the  bonds  of  any  one  issue  shall 
have  been  redeemed,  such  township  trustee  shall  not  be 
authorized  to  make  another  issue,  nor  shall  any  such  bonds 
be  sold  at  a  less  rate  than  ninety-five  cents  on  the 'dollar. 
(E.  S.  1908,  §6624.) 

162.  Petition  of  majority  of  voters.    2.    The  whole  num- 
ber of  votes  cast  for  candidates  for  congress  at  the  last  pre- 
ceding  congressional   election   in   the   township    shall   be 
deemed  to  be  the  whole  number  of  legal  voters  of  such  town- 
ship, a  majority  of  whose  names  shall  be  signed  to  the  peti- 
tion presented  to  such  township  trustee;  to  which  petition 
sli all  be  attached  the  affidavit  or  affidavits,  as  such  trustee 
may  deem  necessary,  of  a  competent  and  credible  person  or 
persons  that  the  signature  of  all  the  names  to  said  petition 
are  genuine,  and  that  the  persons  whose  names  are  thereto 
signed  are,  as  he  believes,  legal  voters  of  such  township. 
(R.  S.  1908,  -S6626.) 

163.  Sale  of  bonds.     3.     The  township  trustee  shall  re- 
cord such  petition,  together  with  the  names  attached,  in  the 
record-book  of -his  township,  and  carefully  file  away  and 
preserve  said  petition,  and  shall  enter  in  such  record  a 
statement  of  the  time  when  such  petition  was  filed;  and,  if 
said  trustee  shall  then  be  satisfied  that  said  petition  con- 
tains the  names  of  a  majority  of  the  legal  voters  of  said 
township,  he  shall  then  prepare,  issue  and  sell  bonds  to  the 
amount  petitioned  for  in  such  petition,  as  provided  in  sec- 
tion 1  of  this  act  (section  4514),  and  shall  accurately  keep 
a  record  of  all  proceedings  in  and  about  the  issue  and  sale 


126  SCHOOL    LAW    OF    INDIANA- 

of  such  bonds,  to  whom,  and  for  what  amount  sold,  the  rate 
of  interest  they  bear,  and  the  time  when  they  become  due. 
(II.  S.  1908,  §6627.) 

[1901,  p.  555.    Approved  March  11, 1901,1 

164.  Donations  made  to  school  corporations.    1.    All 

common  school  corporations  of  this  state  be  and  they 
hereby  are  authorized  and  empowered  to  acquire  by  gift, 
devise  or  bequest  real  estate  and  personal  property,  and 
any  such  gift,  devise  or  bequest  heretofore  made  is  hereby 
legalized  validated  as  fully  as  if  made  after  the  taking  ef- 
fect of  this  act.  (R.  S.  1908,  §6628.) 

165.  Conditional  gift.     2.     Any  such  common  school  cor- 
poration which  has  heretofore  acquired  or  shall  hereafter 
acquire  any  personal  property  or  real  estate  by  gift,  devise 
or  bequest,  in  respect  of  which  the  donor  or  testator  at  the 
time  of  making  the  same,  has  annexed  or  may  annex  condi- 
tions or  directions  concerning  the  manner  in  which  the  same 
shall  be  held,  used,  enjoyed  or  disposed  of,  shall  hold,  use, 
enjoy  and  dispose  of  the  same  agreeably  to  the  terms  and 
conditions  so  imposed  by  the  donor  or  devisor.    (R.  S.  1908, 
§6629.) 

166.  Income  from  gifts.     3.     In  every  case  where  any 
such     common     school     corporaton     has     heretofore     ac- 
quired or  shall  hereafter  acquire  any  personal  property 
or  real  estate  by  gift,  devise  and  bequest  in  respect  of  which 
the  donor  or  testator,  at  the  time  making  the  same,  has  not 
or  shall  not  annex  conditions  or  directions  concerning  the 
same  inconsistent  with  the  requirements  of  this  section,  the 
principal  of  such  gifts,  devises  and  bequests  shall  be  invio- 
late, but  the  interest,  rents,    incomes,    issues    and  profits, 
thereof,  may  be  expended  by  such  school  corporation.   Such 
interest,  rents,  incomes,  issues  and  profits  shall  not  be  de- 
voted to  the  payment  of  any  obligation  of  the  corporation 
incurred  before  the  property  was  acquired,  nor  to  the  pay- 
ment of  the  salaries  or  wages  of  teachers,  of  the  branches 
commonly  and  generally  taught  in  the  public  schools,  or  for 


SCHOOL     LAW     OK     INDIANA- 


127 


school  or  library  officers  or  employes,  nor  to  the  purchase 
of  ordinary  school  furniture  or  supplies  of  the  character  re- 
quired by  the  corporation  to  be  paid  for  from  the  current 
income  or  revenue  coming  to  it  from  taxes  or  by  operation 
of  law,  but  the  same  may  be  devoted  to  any  public  educa- 
tional or  public  library  or  kindred  purpose,  for  which  in  the 
judgment  of  the  managing  board  or  trustee  of  the  corpora- 
tion adequate  financial  provision  shall  not  have  been  made 
by  law.  If  in  the  judgment  of  such  board  or  trustee,  it 
seems  wise  to  invest  the  principal  of  the  gift,  devise  or  be- 
quest in  the  erection  or  equipping,  or  both,  of  a  building  to 
be  devoted  to  some  special  use  of  a  public  educational  or 
library  character,  and  the  expressed  will  of  the  donor  or 
testator  will  not  thereby  be  violated,  the  principal  may  be 
so  used,  anything  in  this  act  to  the  contrary  notwithstand- 
ing, but  this  provision  shall  not  be  construed  to  permit  its 
use  for  the  building  or  equipping  of  buildings  for  the  ordi- 
nary graded  or  high  schools.  (R.  S.  1908,  §6630.) 

167.  Trustee  for  gift — Powers.  4.  Tf  in  the  judgment 
of  the  board  of  trustees  or  school  commissioners  of  any  cor- 
poration coming  under  the  terms  of  this  act,  it  would  be 
wise  to  appoint  a  trustee  or  trustees  to  hold  the  title  to  any 
such  property,  real  or  personal,  heretofore  acquired  or  that 
may  be  hereafter  acquired  by  it  in  the  manner  mentioned 
in  this  act,  unless  the  wish  and  will  of  the  donor  or  testator 
expressed  as  aforesaid  would  thereby  be  violated,  and  to 
invest  the  principal  and  pay  over  from  time  to  time  only 
the  net  interests,  rents,  issues,  incomes  and  profits  of  the 
fund  to  the  school  corporation  for  use  as  in  this  act  pro- 
vided, such  school  corporation  is  hereby  authorized  and  em- 
powered to  name  and  appoint  such  trustee  or  trustees  and 
to  vest  in  him  or  fhrmi  the  tit.lo  to  such  property  subject  to 
such  trust  and  powers  as  the  school  corporation  may  im- 
pose not  inconsistent  with  the  wish  or  will  of  the  donor  or 
testator,  expressed  as  aforesaid,  or  of  the  provisions  of  this 
act  applicable  to  such  property  in  case  no  such  transfer  to 
a  trustee  has  been  made.  Provided,  That  if  the  managing 
board  of  such  school  corporation  shall  consist  of  fewer  than 


128  SCHOOL    LAW    OF    INDIANA- 

three  persons,  and  the  school  corporation  elects  to  have  the 
property  held  and  managed  by  trustees,  the  corporation 
shall  establish  the  terms  of  the  trust  and  make  the  convey- 
ance, but  the  trustees  shall  in  such  case  be  not  fewer  than 
three  and  shall  be  named  and  appointed  by  the  judge  of  the 
circuit  court  of  the  county  in  which  the  school  corporation 
is  domiciled.  (E.  S.  1908,"  §6631.) 

168.  Identity  of  gift  not  to  be  lost.     5.    It  is  the  main 
purpose  of  this  act  that  the  identity  of  the  principal  of  gifts 
and  benefactions  of  friends  of  the  state's  public  schools 
may  not  be  lost  and  that  the  income  from  their  investment 
shall  be  used  in  giving  to  school  children  and  the  public  ed- 
ucational and  library  advantages  that  could  not  be  enjoyed 
if  only  the  school  and  library  revenue  and  income  provided 
by  law  were  available,  but  nothing  in  this  act  shall  be  con- 
strued as  a  limitation  against  the  investment  and  reinvest- 
ment either  by  the  school  corporation  itself  or  the  trustees 
appointed  agreeably  to  this  act,  from  time  to  time  as  the 
safety  of  the  fund  or  the  best  interests  of  the  corporation 
may  to  the  school  corporation  to  which  it  is  given,  seem  to 
require.     (E.  S.  1908,  §6632.)- 

[1905,  p.  16.    Approved  February  17,  1905.] 

169.  Donations  for  county  high  schools.    1.    Whenever 
any  person,  or  persons,  shall  donate  to  any  county  of  the 
state,  any  building,  or  buildings,  together  with  the  necessary 
grounds,  of  the  value  of  not  less  than  $20,000.  in  counties 
having  a  population  of  25,000  and  less,  and  in  counties  hav- 
ing a  population  in  excess  of  25,000,  $30,000,  for  the  purpose 
of  maintaining  a  county  high  school  therein,  it  shall  be  the 
duty  of  the  board  of  county  commissioners  of  such  county 
to  accent  such  donation  for  the  purpose  herein  named.     (E. 
8.  1908,  §6868.) 


),  p.  400.    Approved  March  11, 

170.  Trustees  of  county  high  schools.  2.  Whenever 
the  board  of  commissioners  of  any  county  shall  ac- 
cept any  donation  as  provided  in  the  preceding 
section  of  this  act,  it  shall  be  the  duty  of  the 


SCHOOL    LAW    OF    INDIANA.  129 

county  board  of  education,  together  with  the  county  com- 
missioners, to  meet  at  the  auditor's  office  within  ten  days 
after  such  acceptance,  and  annually  thereafter  on  the  first 
day  of  May,  for  the  purpose  of  electing  trustees  for  such 
school.  At  the  first  of  said  meetings  three  trustees  shall  be 
elected  to  serve  until  the  first,  second  and  third  annual  elec- 
tion, respectively,  to  be  determined  by  lot,  and  one  trustee 
shall  be  elected  at  each  annual  election,  to  serve  for  a  term 
of  three  years.  Said  persons  shall  constitute  a  board  of 
trustees  for  the  management  of  said  school  and  before  en- 
tering upon  the  duties  of  their  office,  shall  take  an  oath 
faithfully  to  discharge  the  duties  of  the  same.  They  shall 
meet  within  five  days  after  their  election  at  the  office  of  the 
county  superintendent  of  said  county  and  organize  by  elect- 
ing one  of  their  number  president,  one  secretary,  and  one 
treasurer.  The  treasurer,  before  entering  upon  the  duty  of 
his  office,  shall  execute  a  bond  to  the  acceptance  of  the 
county  auditor,  conditioned  as  ordinary  official  bonds,  with 
at  least  two  freehold  sureties  who  shall  not  be  members  of 
said  board  of  trustees,  in  a  sum  not  less  than  double  the 
amount  of  money  which  may  come  into  Ms  hands  within 
the  ensuing  year  by  virtue  of  his  office.  The  president  and 
secretary  shall  each  give  bond,  with  like  sureties,  in  the 
sum  of  one  thousand  dollars;  all  of  said  bonds  to  be  ap- 
proved by  the  county  auditor.  All  vacancies  that  may  oc- 
cur in  said  board  of  trustees  shall  be  filed  by  the  county 
auditor.  The  board  of  trustees  shall  each  year,  within  five 
days  after  the  annual  election  of  a  member,  reorganize 
their  board  and  execute  their  respective  bonds  for  the  en- 
suing year.  Said  trustees  shall  receive  for  their  services 
such  compensation  as  the  board  of  county  commissioners 
may  deem  just — their  allowance  to  be  drawn  from  the  reve- 
nues of  said  school.  (R.  S.  1908,  §6869.) 

171.  Duties  of  trustees.  3.  It  shall  be  the  duty  of  such 
board  of  trustees — 

First.  To  levy  annually  a  tax  for  the  support  of  said 
county  school,  which  tax  shall  be  assessed  and  collected  as 

[9—27277] 


130  SCHOOL    LAW    OF    INDIANA- 

the  taxes  for  state  and  county  revenues  are  assessed  and  col- 
lected: Provided,  That  no  such  tax  levy,  in  any  one  year, 
shall  exceed  the  sum  of  fifteen  cents  on  each  one  hundred 
dollars  01  the  taxable  property  in  their  respective  counties. 
Second.  To  take  control  of  all  property  belonging  to  said 
school  and  to  make  all  necessary  improvements  and  repairs 
to  the  same;  to  organize  such  school  and  adopt  and  enforce 
rules  for  the  government  of  the  same,  purchase  apparatus 
and  general  supplies,  employ  and  pay  teachers,  appoint  su- 
perintendent, establish  a  course  of  study;  to  admit  to  such 
county  school  all  pupils  resident  of  the  county  who  are  pre- 
pared to  enter  the  high  school  department  of  the.  common 
schools,  without  cost  of  tuition;  to  fix  terms  and  rules  for 
admitting  pupils  not  resident  of  their  respective  counties, 
and  to  do  all  other  necessary  acts  for  the  proper  manage- 
ment of  said  school.  (E.  8.  1908,  §6870.) 

[1907,  p.  114.    Approved  March  1, 1907.1 

172.  Purchase     of    real     estate — Petition.     1.    When- 
ever, in  the  opinion  of  the  trustees  of  school  corporations  of 
any  city  or  town,  or  of  the  township  trustee  of  any  township 
in  the  state,  it  shall  be  considered  necessary  to  purchase  any 
real  estate  on  which  to  build  a  school  house,  or  for  any  other 
purpose  connected  therewith,    such    township    trustee  or 
school  trustees,  or  a  majority  of  them,  may  file  a  petition 
in  the  circuit  court  of  said  county,  asking  for  the  appoint- 
ment of  appraisers  to  appraise  and  assess  the  value  of  said 
real  estate.     (R.  S.  1908,  §6633.) 

173.  Appraisement.     2.     Upon  said  petition  being  filed, 
the  owner  or  owners  of  said  real  estate,  having  had  ten 
days'  notice  of  the  pendency  thereof,  the  court  shall  ap- 
point three  freeholders,  resident  in  said  school  corporation 
or  said  township  where  said  real  estate  is  situate,  to  ap- 
praise and  assess  the  value  thereof.    (E.  S.  1908,  §6634.) 

174.  Duty    of    appraisers— Payment— Title— Trial.     3. 
Said  appraisers,  before  making  said  appraisement  and  as- 
sessment, shall  take  an  oath  before  the  clerk  of  said  court 


SCHOOL    LAW    OF    INDIANA.  131 

to  make  a  fair,  true  and  honest  appraisement  of  said  real 
estate  and  shall  then  proceed  to  examine  said  real  estate, 
hear  such  evidence  as  they  may  consider  necessary  and 
make  report  of  their  appraisement  to  said  court  within 
five  days  after  their  appointment;  and  thereupon  such 
township  trustee  or  school  trustees  of  such  school  corpora- 
tion, or  a  majority  of  them,  may  pay  to  the  clerk  of  said 
court,  for  the  use  of  the  owner  or  owners  thereof,  the 
amount  thus  assessed,  and  upon  such  payment  being  made 
and  the  same  having  been  shown  to  the  court  hearing  said 
cause,  the  title  to  said  real  estate  shall  at  once  vest  in  such 
school  corporation  or  school  township  for  said  purposes, 
and  said  court  shall  cause  said  real  estate  to  be  conveyed 
to  said  school  corpration  or  school  township  by  a  commis- 
sioner appointed  therefor,  and  said  school  corporation  or 
school  township  may  immediately  take  possession  of  said 
real  estate  for  said  purpose.  Upon  the  report  of  said  ap- 
praisers being  filed,  any  party  to  the  action,  within  ten 
days,  may  except  to  the  amount  of  the  appraisement  and 
valuation  of  said  real  estate,  and  a  trial  may  be  had  there- 
on before  said  court  as  other  civil  causes  are  tried,  and  said 
court  shall  fix  the  amount  of  said  appraisement  and  assess- 
ment, and  any  party  to  said  action  may  appeal  from  the 
judgment  of  said  court  as  other  civil  cases  are  appealed: 
Provided,  That  should  said  township  trustee  or  school  trus- 
tees, or  a  majority  of  them,  except  to  the  amount  of  the 
appraisement  and  assessment  as  aforesaid,  the  court  shall 
convey  said  real  estate  to  said  school  corporation  or  school 
township,  and  the  title  to  said  real  estate  shall  at  once  vest 
in  said  school  corporation  or  school  township  for  said  pur- 
poses, and  the  subsequent  proceedings  upon  said  exceptions 
shall  only  affect  the  amount  of  such  appraisement  and  as- 
sessments. (R.  S.  1908,  §6635.) 

175.  Tender  before  appraisement — Costs.  4.  Before 
the  filing  of  said  petition  said  township  trustee  or  school 
trustees,  or  a  majority  of  them,  may  offer  or  tender  to  the 
owner  or  owners  of  said  real  estate  an  amount  deemed  a 
reasonable  value  therefor,  and  should  the  amount  fixed  by 


132  SCHOOL    LAW    OF    INDIANA. 

the  appraisers  or  by  the  court  subsequently  thereto  be  the 
same  or  less  than  the  amount  so  tendered,  then  said  cause 
shall  be  prosecuted  at  the  cost  of  the  owner  or  owners  of 
said  real  estate,  and  upon  exception  to  the  amount  fixed  by 
the  appraisers,  should  said  exceptor  not  increase  the 
amount  of  said  appraisement  and  assessment,  the  action 
on  such  exception  shall  be  at  the  cost  of  such  exceptor. 
Where  no  amount  has  been  tendered  by  said  township 
trustee  or  school  trustees,  or  a  majority  of  them,  and  no 
exception  taken,  the  action  shall  be  prosecuted  at  the  cost 
of  the  petitoners.  (B.  S.  1908,  §6636.) 

[1903,  p.  357.    Approved  March  9, 1903.] 

176.  School  property  liable  for  pubic  improvements.    1. 
All  common  school  corporations  of  this  state  shall  here- 
after possess  the  same  powers  and  be  subject  to  the  same 
duties  and  liabilities  in  respect  to  municipal  assessments 
for  the  cost  of  public  improvements  affecting  their  real 
estate  that  private  owners  of  real  estate  possess  or  are  sub- 
ject to,  and  that  the  real  estate  of  such  corporations  shall 
be  subject  to  liens  for  such  municipal  assessments  for  pub- 
lic improvements  in  all  cases  where  the   same  property 
would  be  so  subject  had  it,  at  the  time  the  lien  attaches, 
been  owned  by  a  private  owner,  except  that  no  penalty  or 
attorney's  fee  in  respect  of  any  such  municipal  assessment 
shall  be  collectible  from  any  such  school  corporation.    (B.  S. 
1908,  §6670.) 

177.  Former  payments  legalized — Lien.     2.    Whenever 
any  such  public  improvement  has  been  heretofore  made 
and  it  has  been  paid  for  by  a  common  school  corporation 
out  of  its  special  school  revenue,  the  act  of  the  corporation 
in  making  the  payment  is  hereby  validated,  and  in  every 
case  where  such  an  improvement  has  heretofore  been  made, 
but  the  cost  has  not  yet  been  paid,  where,  if  the  real  estate 
had  been  at  the  time  in  private  ownership,  a  valid  munici- 
pal assessment  lien  would  have  existed  for  the  cost  thereof, 
and  such  a  lien  has  been  sought  to  be  taken,  which  lien 
would,  as  against  a  private  owner,  be  valid,  the  same  as 


SCHOOL   LAW    OF   INDIANA.  133 

against  such  common  school  property,  is  hereby  validated 
and  made  as  enforceable  as  it  would  be  had  the  property 
been,  at  the  time  the  lien  was  sought  to  be  taken,  in  private 
ownership,  but  no  penalty  or  attorney's  fee  shall  be  col- 
lectible ;  and  it  is  hereby  made  the  duty  of  every  such  com- 
mon school  corporation  to  pay  and  discharge  such  lien  out 
of  the  special  school  revenue,  and  not  otherwise  appropri 
ated.  (E,  S.  1908,  §6671.) 

[1907,  p.  340.    Approved  March  9, 1907.] 

178.  Special  school  fund.     1.    Whenever  any  township 
of  the  state  of  Indiana  shall   have   collected   any   special 
school  fund  for  the  special  or  specific  purpose  of  erecting 
or  constructing  a  school  building  and  it  shall  have  been  de- 
cided by  the  township  trustee  of  such  township  to  abandon 
the  proposed  work  of  erecting  or  constructing  such  school 
building,  it  shall  be  the  duty  of  the  township  trustee  of 
such  township  to  transfer  such  special    school   fund   col- 
lected for  such  special  or  specific  purpose  to  the  township 
fund  of  such  township  upon  the  order  of  the  advisory 
board  of  such  township  to  make  such  transfer  of  such  spe- 
cial school  fund,  and  it  shall  be  lawful  thereafter  to  use 
such  funds  for  any  purpose  for  which  the  township  funds 
of  such  township  may  be  used.     (R.  S.  1908,  §6446.) 

[1891,  p.  111.    Approved  March  5,  1891.] 

179.  Doors  must  swing  outward.     243.    Whoever,  being 
the  owner,  manager,  lessee,  trustee,  or  person  having  the 
charge  of  any  theater,  opera-house,  museum,  college,  semi- 
nary, church,  school  house,  or 'other  public  building,  refuses 
or  neglects  to  cause  all  the  doors  thereof,  constructed  for 
the  purpose  of  ingress  and  egress,  whether  inner  or  outer 
doors,  to  be  so  hung,  that  the  same  shall  swing  outwardly, 
shall  be  fined  in  any  sum  not  exceeding  one  thousand  dol- 
lars nor  less  than  ten  Collars,  to  which  may  be  added  im- 
prisonment in  the  county  jail  for  any  period  not  exceeding 
six  months:    Provided,  That  this  section  shall  not  apply  to 
the  outer  doors  of  one-story  churches  and  school  houses. 
(R.  S.  1908,  §2688.) 


34  SCHOOL     LAW    OF    INDIANA- 

[1911,  p.  118.     Approved  March  1.  1911.1 

180.  Sanitary  buildings.  1.  That  after  the  going  into 
effect  of  this  act.  all  school  houses  which  shall  be  con- 
structed or  remodeled,  shall  be  constructed  in  accordance 
arid  conform  to  the  following  sanitary  principles,  to  wit: 

(a)  Sites.     All  sites  shall  be  dry,  and  such  drainage  as 
may  be  necessary  to  secure  and  maintain  dry  grounds  and 
dry  buildings,  shall  be  selected  and  supplied.     Said  site 
and  said  buildings  shall  not  be  nearer  than  500  feet  to 
steam  railroads,  livery  stable,  horse,  mule  or  cattle  barn 
used  for  breeding  purposes  or  any  noise-making  industry 
or  any  unhealthful  conditions.    Good  dry  walks  shall  lead 
from  the  street  or  road  to  every  school  house  and  to  all  out- 
houses, and  suitable  playgrounds  shall  be  provided. 

(b)  Buildings.     School  buildings,  if  of  brick,  shall  have 
a  stone  foundation,  or  the  foundation  may  be  of  brick,  or 
concrete:     Provided,  A  layer  of  slate,  stone  or  other  im- 
pervious material,  be  interposed  above  the  ground  line,  or 
the  foundation  may  he  of  vitrified  brick  and  the  layer  of 
impervious   material    will   not   be    required.      Every   two- 
story  school  house  shall  have  a  dry,  well-lighted  basement 
under  the  entire  building,  said  basement  to  have  cement  or 
concrete  floor  and  ceiling  to  be  not  less  than  ten  feet  above 
the  floor  level.    The  ground  floor  of  all  school  houses  shall 
be  raised  at  least  three  feet  above  the  ground  level  and 
have,  when  possble,  dry,  well-lighted  basement  under  the 
entire  building,  and  shall  have  a  solid  foundation  of  brick, 
tile,  stone  or  concrete,  and  the  area  between  the  ground  and 
the  floor  shall  be  thoroughly  ventilated.    Each  pupil  shall 
be  provided  with  not  less  than  225  cubic  feet  of  space,  and 
the  interior  walls  and  ceiling  shall  be  either  painted  or 
tinted  some  neutral  color  as  gray,  slate/buff  or  green. 

(c)  Lighting  and  Seating.     All  school  rooms  where  pupils 
are  seated  for  study,  shall  be  lighted  from  one  side  only 
and  the  glass  area  shall  be  not  less  than  one-sixth  of  the 
floor  area  and  the  windows  shall  extend  from  not  less  than 
four  feet  from  the  floor  to  at  least  one  foot  from  the  ceiling, 
all    windows    to    be    provided    with    roller    or    adjustable 


SCHOOL    LAW    OF    IXniANA.  135 

shades  of  neutral  color  as  blue,  gray,  slate,  buff  or  green. 
Desks  and  desk  seats  shall  preferably  be  adjustable,  and 
at  least  twenty  per  cent,  of  all  desks  and  desk  seats  in  each 
room  shall  be  adjustable,  and  shall  be  so  placed  that  the 
light  shall  fall  over  the  left  shoulders  of  the  pupils.  For 
left-handed  pupils,  desks  and  seats  may  be  placed  so  as  to 
permit  the  light  to  fall  over  the  right  shoulder. 

(d)  Blackboards  and  Cloakrooms.     Blackboards  shall  be 
preferably  of  slate,   but  of  whatever  material,   the   color 
shall  be  a  dead  black.     Cloakrooms,  well -lighted,  warmed 
and  ventilated,  or  sanitary  lockers,  shall  be  provided  for 
each  study  school  room. 

(e)  Water   Supply   and   Drinking   Arrangements.     All 
school  houses  shall  be  supplied  with  pure  drinking  water 
and  the  water  supply  shall  be  from  driven  wells  or  other 
source  approved  by  the  health  authorities.     Only  smooth, 
stout  glass  or  enameled  metal  drinking  cups  shall  be  used; 
water  buckets  and  tin  drinking  cups  shall  be  unlawful  and 
are  forbidden;  and  whenever  it  is  practicable,  flowing  sani- 
tary drinking  fountains  which  do  not  require  drinking  cups. 
shall  be  provided.    All  school  house  wells  and  pumps  shall 
be  supplied  with  troughs  or  drains  to  take  away  waste 
water,  and  under  no  conditions  shall  pools  or  sodden  places 
cr  small  or  large  mudholes  be  allowed  to  exist  near  a  well. 
When  water  is  not  supplied  at  pumps  or  from  water  faucets 
or    sanitary    drinking   fountains,    then    covered    tanks    or 
coolers  supplied  with  spring  or  self-closing  faucets  shall  be 
provided. 

(f )  Heating  and  Ventilation.    Ventilating  heating  stoves, 
furnaces,  and  heaters  of  all  kinds,  shall  be  capable  of  main- 
taining a  temperature  of  70  degrees  Fahrenheit  in  zero 
weather  and  of  maintaining  a  relative  humidity  of  at  least 
40  per  cent.;  and  said  heaters  of  all  kinds  shall  take  air 
from  outside  the  building  and  after  heating,  introduce  it 
into  the  school  room  at  a  point  not  less  than  five  nor  more 
than  seven  feet  from  the  floor,  and  at  a  minimum  rate  of 
thirty  (30)  cubic  feet  per  minute;  for  each  pupil  regardless 
of  outside  atmospheric  conditions:    Provided,  That  when 


136  SCHOOL    LAW    OF    INDIANA. 

direct-indirect  steam  heating  is  adopted,  this  provision  as 
to  height  of  entrance  of  hot  air  shall  not  apply.  Halls, 
office  rooms,  laboratories  and  manual  training  rooms,  may 
have  direct  steam  radiators,  hut  direct  steam  heating  is  for- 
hidden  for  study  school  rooms,  and  direct-indirect  steam 
heating  is  permitted.  All  school  rooms  shall  be  provided 
with  ventilating  ducts  of  ample  size  to  withdraw  the  air  at 
least  four  times  every  hour,  and  said  ducts  and  their  open- 
ings shall  be  on  the  same  side  of  the  room  with  the  hot  air 
ducts. 

(g)  Water-closets  and  Out-houses.  Water-closets  or 
dry  closets  when  provided,  shall  be  efficient  and  sanitary  in 
every  particular,  and  furnished  with  stalls  for  each  hop- 
per or  place;  and  when  said  water  or  dry  closets  are  not 
provided,  then  sanitary  outhouses,  well  separated  for  the 
sexes,  shall  be  provided.  Good  dry  walks  shall  lead  to  all 
outhouses  and  screens  or  shields  be  built  in  front  of  them. 
Outhouses  for  males  shall  have  urinals  arranged  with  stalls 
and  with  conduits  of  galvanized  iron,  vitrified  drain  pipe, 
or  other  impervious  material,  draining  into  a  sewer,  vault 
or  other  suitable  place,  approved  by  the  health  authorities. 
Any  school  trustee  or  trustees,  who  shall  build  or  construct 
any  school  house  or  cause  to  be  built  or  constructed  any 
school  house  which  does  not  include  each  and  every  sani- 
tary provision  commanded  in  this  act,  shall,  upon  convic- 
tion, be  fined  in  any  sum  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars;  and  any  money  claim  for 
the  material  entering  into,  or  any  money  claim  for  the  con- 
struction of  any  school  house,  which  does  not  in  every  way 
and  all  respects  comply  with  the  requirements  of  this  act, 
shall  be  null  and  void. 

181.  Temperature — Uncleanliness — Teachers — Penalties. 
2.  Whenever,  from  any  cause,  the  temperature  of  a  school 
room  falls  to  60  degrees  Fahrenheit  or  below,  with- 
out the  immediate  prospect  of  the  proper  temperature, 
namely,  not  less  than  70  degrees  Fahrenheit,  being  at- 
tained, the  teacher  shall  dismiss  the  school  until  the  fault 
is  corrected;  and  it  shall  also  be  the  duty  of  all  teachers 


SCHOOL    LAW    OF    INDIANA.  137 

to  immediately  send  home  any  pupil  who  is  perceptibly  ill 
in  any  way,  or  who  is  unclean  and  emits  offensive  bodily 
odors  or  who  is  infested  with  lice  or  other  vermin;  and  the 
truant  officer  shall  arrest  and  prosecute  parent  of  guard- 
ians who  do  not  rid  their  children  of  vermin  and  bodily  un- 
cleanliness,  when  notified  to"  do  so.  Refusal  of  parents  or 
guardians  to  free  their  children  or  wards  of  vermin  or  to 
bathe  and  cleanse  them,  making  them  fit  to  go  to  school, 
shall  be  punished  by  a  fine  of  not  less  than  five  dollars  and 
imprisonment  for  ten  days  or  both.  And  if  the  refusal  or 
neglect  of  parents  or-  guardians  to  bathe  and  cleanse  their 
children  or  wards  makes  it  necessary,  then  the  truant  offi- 
cer, upon  order  of  the  school  authorities,  shall  have  it  done, 
the  cost  to  be  paid  by  the  school  authorites  from  the  school 
funds.  Whenever  diphtheria,  scarlet  fever  or  other  con- 
tagious and  infectious  diseases  break  out  in  any  school,  it 
shall  be  the  duty  of  the  township  trustee,  school  board, 
school  trustee  or  the  school  authority  or  authorities  hav- 
ing control,  to  have  medical  inspection  made  of  the  pupils, 
and  all  found  in  any  degree  ill,  shall  be  sent  home  and 
there  retained  until  the  local  health  officer  gives  a  certificate 
of  health,  then  such  child  may  be  again  admitted  to  school. 
It  shall  be  unlawful  for  school  authorities  to  employ 
teachers  or  janitors  who  are  not  able-bodied  or  who 
are  addicted  to  drugs  or  intemperate  or  who  has  tubercu- 
losis or  syphilis.  All  school  houses  shall  be  specially 
cleaned  and  disinfected  each  year,  before  they  are  used  for 
school  purposes.  The  cleaning  shall  consist  in  first  sweep- 
ing, then  scrubbing  the  floors,  washing  the  windows  and  all 
woodwork,  including  the  wooden  parts  of  seats  and  desks, 
and  the  disinfecting  shall  be  done  in  accordance  with  the 
rules  of  the  state  board  of  health.  Township  trustees, 
school  boards  and  boards  of  school  commissioners  who  neg- 
lect or  refuse  to  obey  the  provisions  of  this  section,  shall 
be  fined  in  any  sum  of  not  less  than  ten  nor  more  than  one 
hundred  dollars,  and  each  said  refusal  or  neglect  shall  con- 
stitute a  separate  offense. 


138  SCHOOL    LAW    OF    INDIANA. 

182.  Hygiene  and  Sanitary  Science.— Printed  data.  3. 
There  shall  be  taught  in  each  year  in  the  fifth  grade  of 
every  public  school  in  Indiana,  the  primary  principles  of 
hygiene  and  sanitary  science,  and  especially  shall  in- 
struction be  imparted  concerning  the  principal  modes 
by  which  each  of  the  dangerous,  communicable  diseases  are 
spread,  and  the  best  sanitary  methods  for  the  restriction 
and  prevention  of  each  such  disease.  Hygiene  may  also 
be  taught  in  other  grades  at  the  will  of  school  authorities. 
The  state  health  commissioner  and  the  state  superintend- 
ent of  public  instruction  shall  jointly  write,  compile  or  orig- 
nate  printed  data  in  leaflet  form,  setting  forth  as  plainly  as 
possible,  the  primary  principles  of  hygiene  and  sanitary 
science,  and  information  concerning  the  prevention  of  dis- 
eases, and  supply  the  same  to  all  county  superintendents, 
and  said  superintendents  shall  supply  all  the  schools  in 
their  respective  counties  and  see  to  it  that  teachers  do  not 
fail  to  comply  with  this  section:  Provided,  That  for  all 
cities  and  towns  having  school  superintendents,  the  said 
leaflets  and  pamphlets  shall  be  sent  direct  to  such  superin- 
tendents, who  shall  see  to  it  that  teachers  comply  with  this 
section.  The  state  printing  board  shall  publish  from  its 
funds  all  health  leaflets  or  pamphlets  as  are  herein  provided 
for,  and  shall  also  pay  the  cost  of  distribution  of  the  same 
to  the  county,  city  or  town  superintendents,  from  the  state 
printing  funds. 

183.  School  officers — Powers.  4.  For  the  purpose  of 
enforcing  this  act  and  making  it  practical,  township  trus- 
tees, boards  of  school  trustees  and  boards  of  school  commis- 
sioners shall  have  the  power,  and  it  is  herewith  made  lawful 
for  said  trustees  and  said  boards  to  make  a  levy  not  to  ex- 
ceed five  cents  (5  cents)  on  each  one  hundred  dollars 
($100.00),  the  sum  thus  raised  to  be  added  to  the  special 
school  fund,  but  to  be  used  only  for  building  and  furnishing 
of  schoolhouses  This  levy  shall  not  be  made  unless  plainly 
necessary. 


SCHOOL    LAW    OF    INDIANA. 

184.  Penalty  as  to  officers.     5.     Any  township  trustee  or 
the  members  of  any  board  of  school  trustees  or  any  teacher 
or  any  person  who  violates  any  provision  of  this  act,  except 
as  herewith  or  otherwise  provided,  shall  upon  conviction, 
be  fined  not  less  than  $50.00. 

[1911,  p.  141.    Approved  March  2.  1911.J 

185.  Building's  in  towns — Use  by  township.     1.     When- 
over  the  owner  of  a  school  building  located  in  an  incorpo- 
rated town  tenders  the  use  of  the  same  for  school  purposes 
for  the  school  year  to  the  trustee  of  the  township  within 
which  it  is  located  without  any  charge  or  expense  other  than 
keeping  the  same  in  proper  repair  and  condition  during  such 
school  year,  such  trustee  if  he  deem  the  use  of  such  school 
building  suitable  and  convenient  may  use  the  same  for 
school  purposes  in  the  same  manner  as  township  school 
buildings  are  now  used  and  the  employment  and  paying  of 
teachers,  the  admission  of  pupils,  and  conducting  school  in 
said  building,  and  the  care  thereof  shall  be  governed  by  the 
laws  applicable  to  township  schools  located  without  such 
towns. 

[1909,  p.  302.     Approved  March  6,  1909.] 

186.  Buildings — Fire — Means    of    escape.      1.      Every 
building  now  or  hereafter  used  in  whole  or  in  part  as  a  pub- 
lic building,  public  or  private  institution,  sanitarium,  surgi- 
cal   institute,    asylum,    school    house,    dormitory,    church, 
theater,  public  hall,  place  of  assemblage  or  place  of  public 
resort,  and  every  building  in  which  persons  are  employed 
above  the  second  story  in  a  factory,  workshop,  or  mercantile 
or  other  establishment,  and  every  hotel,  family  hotel,  apart- 
ment house,  boarding  house,  lodging  house,  club  house  or 
tenement  house,  in  which  persons  reside  or  lodge  above  the 
second  story,  and  every  factory,  workshop,  mercantile  or 
other  establishment  of  more  than  two  stories  in  height,  shall 
be  provided  with  proper  ways  of  egress  or  means  of  escape 
from  fire,  sufficient  for  the  use  of  all  persons  accommodated, 
assembled,  employed,  lodged  or  residing  in  such  buildings, 
and  such  ways  of  egress  and  means  of  escape  shall  be  kept 


140  SCHOOL    LAW    OF    INDIANA. 

free  from  obstruction,  in  good  repair  and  ready  for  use  at  all 
times,  and  all  rooms  above  the  second  story  in  such  building 
shall  be  provided  with  more  than  one  way  of  egress  or  es- 
cape from  fire,  placed  as  near  as  practicable  at  opposite  ends 
of  the  room  and  leading  to  fire  escape  on  the  outsde  of  such 
building  or  to  stairways  on  the  inside,  provided  with  proper 
railings.  All  outside  doors  subject  to  the  provisions  of 
this  section  shall  open  outward,  and  all  windows  open  out- 
ward or  upward.  No  chairs  or  seats  shall  be  allowed  in 
the  aisles  or  passways  of  such  building  during  any  enter- 
tainment or  service,  or  when  people  are  assembled  therein, 
and  no  one  shall  interfere  with  any  peace  officer  in  attempt- 
ing to  enforce  the  provisions  of  this  act.  The  proscenium, 
or  curtain  opening,  of  all  theaters  shall  have  a  fire-resisting 
curtain  of  some  incombustible  material,  and  such  curtain 
shall  be  properly  constructed  and  shall  be  operated  by 
proper  mechanism.  The  certificate  of  the  fire  chief  of  the 
city  where  said  building  is  located,  certifying  that  the  pro- 
visions of  this  act  have  been  complied  with,  shall  be  prima 
facie  evidence  of  a  compliance  with  such  requirements. 

187.  Fire  escapes.  2.  In  addition  to  the  foregoing 
means  of  escape  from  fire,  all  such  buildings  as  are  enum- 
erated in  section  1  of  this  act  as  are  more  than  two  stories 
in  height  shall  have  one  or  more  fire  escapes  on  the  outside 
of  said  building,  as  may  be  directed  by  the  fire  chief  afore- 
said, except  in  such  cases  as  said  fire  chief  may  deem  such 
fire  escape  to  be  unnecessary  in  consequence  of  adequate 
provisions  having  been  already  made  for  the  [sic]  safety 
in  event  of  fire,  and  in  such  cases  of  exemption  the  said  fire 
chief  shall  give  the  owner,  lessee  or  occupant  of  said  build- 
ing a  written  certificate  to  that  effect  and  his  reasons  there- 
for, and  such  fire  escapes  as  are  provided  for  in  this  section 
shall  be  constructed  according  to  specifications  issued  by 
[the]  state  department  of  inspection  and  accepted  by  the 
chief  inspector,  or  approved  by  the  fire  chief,  and  shall  be 
connected  with  each  floor  above  the  first,  well  fastened  and 
secured  by  extending  the  bolts  or  fastenings  entirely 
through  the  walls,  and  of  sufficient  strength,  each  of  which 


SCHOOL    LAW    OF    INDIANA- 


141 


fire  escapes  shall  have  landings  or  balconies  guarded  by 
iron  railings  not  less  than  three  feet  in  height,  and  embrac- 
ing one  or  more  windows  at  each  story  and  connecting  with 
the  interior  by  easily  accessible  and  unobstructed  openings; 
mid  all  the  balconies  or  landings  shall  be  connected  by  iron 
stairs,  placed  at  a  slant  of  not  more  than  forty-five  degrees, 
protected  by  a  well  secured  hand  rail  on  both  sides,  with  a 
sixteen-inch-wide  drop  ladder  from  the  lower  platform, 
reaching  to  the  ground;  except  in  cases  of  school  buildings 
iron  stairs  shall  extend  to  a  ground  landing,  and  no  tele- 
graph, telephone,  electric  light  poles,  trees  or  wire,  signs 
or  other  obstructions  shall  interfere  with  the  construction 
and  use  of  any  fire  escape. 

188.  Plan  of  escapes — Approval.  3.  Any  other  plan  or 
style  of  fire  escape  shall  be  sufficient  if  approved  by  the 
chief  inspector,  but  if  not  so  approved  the  chief  inspector 
may  notify  the  owner,  proprietor  or  lessee  of  such  estab- 
lishment or  of  the  building  in  which  such  establishment  is 
conducted,  or  the  agent  or  superintendent,  or  school  officer, 
or  either  of  them,  in  writing  that  any  such  plan  or  style  of 
fire  escape  is  not  sufficient,  and  may  by  an  order  in  writing, 
served  in  like  manner,  require  one  or  more  fire  escapes  as 
he  shall  deem  necessary  and  sufficient  to  be  provided  for 
such  establishment  at  such  location,  and  [of]  such  plan  and 
style  as  shall  be  specified  in  such  written  order.  Within 
twenty  days  after  the  service  of  such  order  the  number  of 
fire  escapes  required  in  such  order  for  such  establishment 
shall  be  provided  therefor,  each  of  which  shall  be  of  the  plan 
and  style  in  accordance  with  the  specifications  in  said  order 
required.  The  .windows  or  doors  to  each  fire  escape  shall 
be  of  sufficient  size  and  be  located,  as  far  as  possible,  con- 
sistent with  accessibility  from  the  staitways  and  elevators, 
hatchways  or  openings,  and  the  ladder  thereof  shall  extend 
to  the  roof.  Stationary  stairs  or  ladders  shall  be  provided 
on  the  inside  of  such  establishment  from  the  upper  story 
1o  the  roof  as  a  means  of  escape  in  case  of  fire. 


142  SCHOOL    LAW    OF    INDIANA- 

189.  Penalties.  6.  The  owner  or  owners  of  any  hotel 
designated  in  this  act,  whether  individual,  firm  or  corpora- 
tion, or  the  lessee  or  occupant  thereof,  or  any  school  officer 
having  charge  of  public  property,  who  neglects  or  refuses  to 
comply  with  any  of  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor  and  punished  by  fine  not 
exceeding  two  hundred  dollars  ($200),  to  which  may  be 
added  imprisonment  in  the  county  jail  of  [for]  not  less  than 
one  month  or  [nor]  more  than  six  months;  and  in  case  of. 
fire  occurring  in  said  building  or  buildings  in  the  absence 
of  such  fire  escape,  or  escapes,  the  said  person  or  persons 
or  corporation  or  public  officials  shall  be  liable  in  an  action 
for  damages  with  a  penalty  of  five  thousand  dollars  ($5,000) 
for  the  life  of  each  person  killed,  in  case  of  death,  or  for 
damages  for  personal  injuries  sustained  in  consequence  of 
such  fire  breaking  out  in  said  building,  and  shall  also  be 
deemed  guilty  of  a  misdemeanor  punishable  by  imprison- 
ment for  not  less  than  six  months  nor  more  than  twelve 
months  in  the  county  jail,  and  said  action  for  damages  may 
he  maintaned  by  any  person  now  authorized  by  law  to  sue 
as  in  other  cases  of  similar  injuries. 

190.  Inspectors — Duties — Penalty.  7.  It  is  hereby  made 
the  duty  of  the  chief  inspector  or  his  deputies  or  their  as- 
sistants in  every  city  or  town  where  there  are  fire  companies, 
and  every  township  trustee  in  townships  where  there  are 
buildings  coming  under  the  provisions  of  this  act  and  where 
there  are  no  fire  chiefs  in  said  township,  to  see  that  the  pro- 
visions of  this  act  are  enforced,  and  for  this  purpose  they 
or  their  assistants  or  deputies  shall  have  free  access  at  all 
hours  to  all  buildings  embraced  herein.  If  at  any  time  any 
fire  chief  is  informed  by  any  person  or  has  knowledge  that 
any  owner  or  owners  of  any  hotel  or  lodging  house,  as  above 
provided,  has  not  complied  with  the  provisions  of  this  act, 
he  or  they  shall  at  once  give  written  notice  to  said  owner 
or  owners  of  said  hotel  or  lodging  house  to  comply  with  the 
terms  of  this  act,  and  if  at  the  expiration  of  thirty  (30)  days 
said  owner  or  owners,  as  aforesaid,  shall  not  have  complied 


SCHOOL    LAW    OF    INDIANA-  143 

with  the  provisions  of  this  act,  said  fire  chief  or  trustee  shall 
institute  proceedings  in  any  court  of  competent  jurisdiction 
against  said  owner  or  owners  of  said  hotel  or  lodging  house : 
Provided,  however,  That  nothing  contained  herein  shall  pre- 
vent any  citizens  of  said  State  of  Indiana  from  instituting 
proceedings  against  said  owner  or  owners  of  any  hotel  or 
lodging  house  if  said  person  [or  persons]  charged  with  the 
duty  of  enforcing  this  act  shall  fail  or  refuse  to  do  their 
duty:  Provided,  That  if  [the]  owner  or  owners  of  any  such 
building  fail  to  comply  with  the  provisions  of  this  act,  the 
fire  chief  or  trustee,  after  thirty  (30)  days'  notice  to  the  oc- 
cupants of  said  building,  may  proceed  to  furnish  and  equip 
such  building  with  fire  escape  and  all  the  necessary  ropes 
and  appliances  for  the  protection  of  human  life,  as  pro- 
vided in  section  5  of  this  act,  and  shall  make  a  sworn  state- 
ment of  the  cost  of  said  improvement  and  file  same  with  the 
recorder  of  the  county  wherein  the  said  building  is  situated, 
and  the  amount  of  said  claim  shall  be  a  lien  on  said  property 
and  shall  be  foreclosed  as  mechanics'  liens  are  foreclosed, 
and  shall  he  governed  by  the  same  rules  relating  thereto. 
Said  sworn  statement  shall  be  filed  by  said  fire  chief  or  trus- 
tee within  sixty  (60)  days  from  the  time  that  said  work  of 
equipping  such  building  is  completed.  Any  fire  chief  or 
other  officer  or  persons  charged  within  [with]  the  duties 
imposed  upon  such  chief  in  this  act,  who  shall  wilfully  or 
negligently  fail  to  do  his  [their]  duty  in  compliance  with  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  any  sum  not  less 
than  twenty  dollars  ($20)  nor  more  than  one  thousand  dol- 
lars ($1,000). 

191.  Township  trustee — Duties.  9.  In  all  places  where 
there  is-  no  fire  chief  the  trustee  of  the  township  wherein 
any  such  buildings  are  situated,  as  in  this  act  provided  and 
described,  shall  do  and  perform  all  the  duties  otherwise 
required  of  said  fire  chiefs,  and  be  subject  to  all  penalties 
provided  in  this  act. 


144 


SCHOOL    LAW    OF   INDIANA. 


CHAPTER  IX. 

JOINT  SCHOOLS. 


SEC. 

192.  Joint  School  district— Petition. 

193.  Expense  of  establishing — Control  of  school. 

194.  Expense  of  maintenance. 

195.  Joint  graded  schools. 

196.  School  house  for  several  townships. 

197.  Cost  of  erecting. 

198.  Advisory  Board— Emergency. 

199.  Abandonment  of  school  district. 

200.  Consent  of  voters  to  abandonment. 

201.  Discontinuance  of  schools,   Township  Trus- 

tees. 

202.  Transportation  of  pupils. 

203.  Transportation  of  pupils  to  adjoining  town- 

ships. 

204.  Payments  for  transportation. 


SEC. 

205.  Abandonment  of  schools  in  towns — Kesum. 

ing  control. 

200.  Conveyance  to  Trustee. 

207.  Charge  of  town  schools. 

208.  Joint  building— Petition— Election. 

209.  Election  method— Ballots. 

210.  Cost  of  building — How  apportioned. 

211.  Control  and  management. 

212.  High  school  district. 

213.  District  determining  the  territory. 

214.  Contract  for  school  facilities. 

215.  Expenses — Apportionment. 
21fi.  Warrants. 

217.  Withdrawal. 

218.  Other  acts  not  repealed . 


[1901,  p.  53.    Approved  February  28,  1901.    In  force  May,  1901.] 

192.  Joint  school  district — Petition.  1.  The  trustees  of 
two  or  more  adjacent  school  corporations  may  establish  a 
new  school  district  and  build  a  school  house  therein  at  the 
joint  expense  of  their  several  corporations,  whenever,  in 
their  judgment,  it  shall  appear  necessary  for  the  better  ac- 
commodation of  the  people  of  their  respective  corporations. 
Provided,  That  such  necessity  must  be  set  forth  in  a  peti- 
tion of  the  persons  making  the  request,  such  petition  to  be 
presented  to  each  of  said  trustees.  And  said  trustees  shall, 
at  the  time  agreed  upon  by  them,  not  less  than  ten  days  nor 
more  than  thirty  days  from  the  time  of  receiving  such  peti- 
tion, hold  a  joint  meeting  for  the  purpose  of  declaring 
whether  such  petition  shall  be  granted,  and  take  further 
action  as  the  case  may  require.  (R.  S.  1908,  §6620.) 

1.  NOTE.  AD  appeal  lies  to  the  county  superintendent  by  the  peti- 
tioners if  the  trustees  do  not  grant  the  petition;  but  such  superintendent 
can  not  direct  one  trustee,  where  the  other  disagrees  with  him,  to  make 
the  selection  of  a  site  for  the  school  house,  nor  to  purchase  a  lot  without 
his  consent. — Hendricks  v.  State,  351  Ind.  454.  See  also  Hendricks  v. 
State,  156  Ind.  185. 


SCHOOL   LAW    OF   INDIANA.  145 

193.  Expense   of  establishing — Control  of   school.     2. 

Each  corporation  shall  bear  such  part  of  the  expense  of 
establishing  such  joint  district  school  as  the  number  of 
children  of  school  age  residing  in  each  corporation  and  at- 
taching themselves  to  said  new  district  at  the  time  of  the 
formation,  bears  to  the  whole  number  of  children  of  school 
age  who  are  attached  to  said  district  at  its  formation  and 
each  corporation  shall  assume  its  share  of  the  debt  so  in- 
curred. But  when  said  school  shall  be  established  it  shall 
be  controlled  by  the  corporation  in  which  it  is  established 
in  the  manner  already  prescribed  by  law.  (R.  S.  1908, 
§0621.) 

194.  Expense  of  maintenance.    3.    The  children  of  school 
age  resident  in  a  joint  district  already  established  or  here- 
after established  shall  be  admitted  to  the  joint  school  main- 
tained   therein,    without    transfer    certificates    or    tuition 
charge.    The  trustees   of  the   various  'corporations   from 
which  the  joint  district  is  made  shall  pay  such  part  of  the 
cost  of  maintaining  the  joint  school  as  the  number  of  pupils 
enrolled  from  each  corporation  bears  to  the  whole  number 
enrolled  in  the  joint  school.     (R.  S.  1908,  §6622.) 

Joint  high  schools,  see  section  70  and  sections  208  to  218. 
[1873,  p.  76.    Approved  March  8,  1873.] 

195.  Joint  graded  schools.     13.     The  school  trustees  of 
two  or  more  distinct  municipal  corporations  for  school  pur- 
poses shall  have  power  to  establish  joint  graded  schools,  or 
such  modifications  of  them  as  may  be  practicable,  angl  pro- 
vide for  admitting  into  the  higher  departments  of  their 
graded  schools,  from  the  primary  schools  of  their  corpora- 
tions, such  pupils  as  are  sufficiently  advanced  for  such  ad- 
mission.    Said  trustees  shall  have  the  care  and  manage- 
ment of  such  graded  schools,  and  they  shall  select  the 
teachers    therefor.      They    shall    have    power    to    pur- 
chase suitable  grouods  for  such  graded  schools,  and  erect 
suitable  buildings  thereon;  and  the  title  to  all  such  prop- 

[10—27277] 


146  SCHOOL    LAW    OF    INDIANA- 

erty,  acquired  for  such  purposes,  shall  vest  jointly  in  the 
corporations  establishing  the  graded  schools.  (E.  S.  1908, 
§6623.) 

1.  MANAGEMENT  AND  SUPERVISION.     A  joint  graded  school,  as  to  its 
management  and  teachers,  is  subject  to  the  same  laws,  rules  and  regu- 
lations  as   township   graded   school,    except   that   it   is   under    the   joint 
management  of  the  school  trustees  of  both  corporations.    But  the  teachers 
should  attend  the  institutes  of  the  county  and  township  in  which  the  school 
is  situated,  and  should  be  under  the  supervision  of  the  superintendent  of 
that  county. 

2.  PURCHASE  OF  PKOPERTY.    The  two  corporations  may  purchase  Joint- 
ly real  estate ;  and  the  trustees  are  the  sole  judges  of  the  right  to  pur- 
chase property  of  this  character. — Craig  School  Tp.  v.  Scott,  124  Ind.  72. 

,'*.  MANAGEMENT  OK  JOINT  GRADED  SCHOOLS.  The  trustees  act  as  indi- 
vidual trustees,  and  do  not  as  a  unit  represent  their  respective  corporations. 
A  majority  of  the  whole  board  of  trustees,  whether  such  majority  come 
from  one  corporation  entirely,  or  from  the  different  corporations  interested, 
have  the  power  to  transact  any  and  all  business,  including  the  employment 
of  teachers  relating  to  such  joint  graded  school. — Hanover  School  Tp.  v. 
Oaat,  125  Ind.  557. 

4.  NEW  STATUTE.     The  above  section  must  be  construed  in  connection 
with  section  143. 

5.  JOINT  GRADED  SCHOOLS — APPEAL.     An  incorporated  town  and  town- 
ship can  unite  and  establish  a  joint  graded  school,  and  it  will  not  be  neces- 
sary for  the  town  to  extend  its  limits  so  as  to  enclose  the  site  of  the  school 
house.    The  town  and  township  authorities  have  no  power  to  enter  into  an 
agreement  with  an  incorporated  association  for  school  purposes,  that  the 
three  shall  run  and  control  one  school,  and  that  such  association  shall  have 
equal  control  over  the  school  with  such  town  and  township  authorities. 
The  control  of  the  public  school  can  not  be  fettered  by  any  private  per- 
son.    Possibly  an  appeal  will  lie  from  the  decision  of  two  township  trus- 
tees refusing  to  build  a  joint  graded  school  house.     In  case  two  township 
trustees  of  different  counties  are  petitioned  to  build  such  a  school  house, 
the  superintendent  of  that  county  to  whom  an  appeal  is  first  taken  would 
have  jurisdiction  of  the  case  to  the  exclusion  of  the  superintendent  of  the 
other  county.     It  is  a  new  question,  but  this  is  my  best  judgment  in  the 
matter. — Baldwin,  Atty.-Gen. 

6.  PROPORTIONAL  CONTRIBUTIONS.     While  the  section  that  provides  for 
the  establishment  of  joint  graded  schools  by  two  or  more  distinct  corpora- 
tions in  silent  as  to  th^  proportion  in  which  each  shall  contribute  to  the 
expense,  yet  I  am  of  opinion  that  their  contributions  should  be  in  propor- 
tion to  the  number  of  pupils  they  will  each  send  to  the  new  school.     Such 
is  the  rule  in  the  case  of  joint  district  schools,  and  I  think  the  same  rea- 
sons apply  to  joint  schools  of  all  kinds. 

[1877  p.  125.    Approved  and  in  force  March  6,  1877.] 

196.     School  house  for  several  townships.     1.     The  trus- 
tees of  two  or  more  adjacent  counties  or  townships  may 


SCHOOL    LAW    OF    INDIANA-  147 

establish  a  new  school  district,  and  build  a  school  house 
therein  at  the  joint  expense  of  their  several  townships, 
whenever,  in  their  judgment,  it  shall  appear  necessary  for 
the  better  accommodation  of  the  people  of  their  respective 
townships:  Provided,  That  such  necessity  must  be  set 
forth  in  a  petition  of  the  persons  making  the  request — such 
petition  to  be  presented  to  each  of  said  trustees.  And  said 
trustees  shall,  at  the  time  agreed  upon  by  them,  not  less 
than  ten  days  nor  more  than  thirty  days  from  the  time  of 
receiving  such  petition,  hold  a  joint  meeting,  for  the  pur 
pose  of  declaring  whether  such  petition  shall  be  granted, 
and  take  such  further  action  as  the  case  may  require.  (E.  S. 
1908,  §6617.) 

1.  REPEAL.    The  belief  has  prevailed  that  this  and  the  next  section 
hnd  been  either  repealed  or  become  obsolete;  but  the  legislature  in  1903, 
by  the  enactment  of  section  198,  below,  recognized  it  as  being  still  in  force. 

2.  If  one  trustee  purchase  a  school  house  site  without  the  knowledge 
and  consent  of  the  others,  the  latter  can  not  be  compelled  to  contribute 
towards  the  construction  of  a  school  house  upon  such  site. — Henricks  v. 
State,  151  Ind.  454;  Henricks  v.  State,  150  Ind.  185. 

197.  Cost  of  erecting.    2.    Each  township  shall  bear  part 
of  the  expense  of  establishing  such  joint  district  school  as 
the  number  of  children  of  school  age  residing  in  each  town- 
ship and  attaching  themselves  to  said  new  district  at  the 
time  of  the  formation,  bears  to  the  whole  number  of  chil- 
dren of  school  age  who  are  attached  to  said  district  at  its 
formation ;  and  each  township  shall  assume  its  share  of  the 
debt  so  incurred.     But  when  said  school  shall  be  estab- 
lished, it  shall  be  supported  by  the  township  in  which  it  is 
established,  in  the  manner  already  prescribed  by  law.     (R. 
8.  1908,  §6618.) 

1.  TITLE,  JOINT.  The  deed  for  the  property  should  be  in  the  name  of 
all  the  corporations  interested,  but  after  the  building  is  completed  and  paid 
for  the  partnership  ceases,  and  the  school  house  passes  under  the  control 
of  the  trustee  of  the  township  within  whose  limits  the  house  Is  situated. 

.      [1903,  p.  431.    Approved  and  in  force  March  10,  1903.1 

198.  Advisory  board — Emergency.     1.     Whenever  a  ma- 
jority  of  the   school   patrons   of  two   or  more   adjoining 
school   districts,   located  in  two  or  more  adjacent  town- 


148  SCHOOL    LAW    OF    INDIANA- 

ships,  may  heretofore  have  petitioned,  or  whenever  they 
may  hereafter  petition,  in  substantial  compliance  with 
the  provisions  of  section  1  of  an  act  of  the  general  assembly 
of  the  state  of  Indiana,  in  force  March  6, 1877,  being  section 
6001,  Burns'  revised  statutes  1901,  to  the  trustees  of  said 
townships  for  the  establishment  of  a  new  school  district  and 
the  erection  of  a  joint  school  house  for  a  joint  or  joint  grad- 
ed school,  at  the  place  named  in  said  petition,  for  the  accom- 
modation of  the  school  children  residing  in  said  school  dis- 
trict, and  if  said  trustees  shall  have  granted,  or  may  here- 
after grant,  the  prayer  of  said  petition,  or  if  an  appeal  may 
have  been  taken,  or  may  hereafter  be  taken,  to  the  county 
superintendent,  from  the  decision  of  said  trustees,  refusing 
to  grant  the  prayer  of  said  petition,  under  the  provisions 
of  section  6028,  Burns '  revised  statutes  1901,  and  if  on  such 
appeal  said  superintendent  may  have  granted,  or  may  here- 
after grant,  the  prayer  of  said  petition,  then,  in  either  of 
such  events,  an  emergency  shall  thereby  exist  for  the 
procurement  of  a  site  and  the  erection  of  such  school 
house,  as  contemplated  by  section  8085f,  Bums'  Re- 
vised Statutes  1901,  and  if  there  is  not  sufficient  money  on 
hand  for  the  purpose,  the  trustees  and  the  advisory  boards 
of  said  townships  shall  proceed  to  raise  the  money  neces- 
sary to  meet  such  emergency,  as  provided  by  said  section, 
and  shall  also  procure  the  necessary  site  for  the  erection  of 
said  school  house  and  erect  and  maintain  the  same  as  pro- 
vided by  law.  (E.  S.  1908,  §6619.) 

[1901,  p.  437.    Approved  and  in  force  March  11,  1901.] 

199.    Abandonment  of  school  district  or  corporation,    1. 

Whenever  a  majority  of  the  legal  voters  of  any  school  dis- 
trict or  corporation  shall  petition  the  trustee  or  trustees  of 
such  school  district  or  corporation  for  the  abandonment  of 
their  schools  and  the  consolidation  of  their  schools  with 
the  schools  of  some  other  school  district  or  corporation  in 
the  same  township,  it  shall  be  the  duty  of  the  trustee  or 
trustees  of  such  school  district  or  corporation  to  comply 
such  petition,  and  to  provide  for  the  education  of  the 


SCHOOL   LAW    OF   INDIANA.  149 

children  of  such  abandoned  district  or  corporation  in  other 
schools  as  asked  for  in  such  petition.  (R.  S.  1908,  §6421.) 

11901,  p.  159.    Approved  and  in  force  March  7, 1901. ' 

200.  Consent  of  voters  to  abandonment.    1.    No  town- 
ship trustee  shall  abandon  any  district  school  in  his  town- 
ship until  he  shall  have  first  procured  the  written  consent 
therefor  signed  by  a  majority  of  those  legal  voters  who  are 
entitled  to  vote  for  township  trustee  in  such  district:    Pro- 
vided, This  act  shall  not  apply  to  schools  which  have  an 
average  daily  attendance  of  twelve  (12)  pupils  or  fewer. 
It  shall  be  the  duty  of  every  township  trustee  to  re-estab- 
lish any  district  school  so  abandoned    upon    the    written 
petition  of  two-thirds  of  the  legal  voters  who  are  entitled  to 
vote  for  township  trustee  in  such  district.     (R.  S.  1908, 
§6420.) 

1.  PETITION.    A  petition  to  re-establish  a  school  must  be  addressed 
to  the  township  trustee. 

2.  AVERAGE  DAILY  ATTENDANCE.    The  attendance  for  an  entire  school 
year  must  be  taken  into  account  before  a  school  can  be  abandoned.    There 
must  be  an  attendance  of  twelve  or  fewer  for  a  term  to  abandon  a  school 
without  a  petition. 

3.  RE-ESTABLISHED.     A  trustee  who  has  abandoned  a  school  because 
the  attendance  was  twelve  or  fewer  can  not  be  compelled  to  re-establish 
it,  even  if  petitioned  to  do  so. 

The  clause  of  the  statute  making  it  the  duty  of  the  trustee  "to  re-estab- 
lish any  district  school  so  abandoned."  applies  only  to  those  schools  which 
have  been  abandoned  upon  petition. 

4.  TRANSFERRED  PUPILS  NOT  TO  BE  COUNTED.     In  determining  the  daily 
average  attendance,  pupils   attending  who  have   been  transferred  to  the 
school  are  not  to  be  counted. 

5.  PATRON  WHOSE  CHILDREN  HAVE  BEEN  TRANSFERRED.    A  patron  whose 
children  have  been  transferred  can  not  sign  a  petition  for  the  abandonment 
of  a  school. 

6.  VOIERS  OF  DISTRICT.    The  voters  of  the  school  district  are  those  wha 
are  attached  to  the  district  for  school  purposes,  having  children  entitled 
to  attend  the  public  schools. 

[1907,  p.  444.    Approved  March  11, 1907.] 

201.  Schools — Discontinuance — Township  Trustees.     1. 

The  township  trustees  shall  discontinue  and  temporarily 
abandon  all  schools  under  their  charge  at  which  the  aver- 
age daily  attendance  during  the  last  preceding  school  year 
has  been  twelve  (12)  pupils  or  fewer;  $nd  said  trustees, 


150 


SCHOOL    LAW    OF    INDIANA. 


may  discontinue  and  temporarily  abandon  all  schools  at 
which  the  average  daily  attendance  during  the  last  preced- 
ing school  year  has  been  fifteen  (15)  pupils  or  fewer:  Pro- 
vided, The  conditions  as  to  roads,  streams  and  bridges  per- 
mit of  such  discontinuance:  Provided,  further,  That  any 
school  so  discontinued  and  temporarily  abandoned  may  be 
re-established  by  the  township  trustee  in  his  discretion 
whenever  he  shall  feel  assured  of  an  average  daily  atten- 
dance of  more  than  twelve  (12)  pupils  during  the  school 
year:  Provided,  further,  That  nothing  in  this  act,  or  in  the 
act -to  which  it  is  amendatory,  shall  authorize  the  discon- 
tinuance of  any  school  exclusively  for  colored  pupils  where 
such  school  is  the  only  school  for  colored  pupils  in  such 
school  corporation,  and  any  such  school  heretofore  discon- 
tined  by  the  operation  of  said  act  shall  be  re-established: 
And  provided,  That  in  case  a  majority  of  the  patrons  of  any 
school  district  petition  that  any  school  heretofore  aban- 
doned be  reopened,  then  the  township  trustee  shall  open 
such  abandoned  school  and  re-establish  the  same.  (R.  S. 
1908,, §6422,  as  amended  1909,  p.  73.) 

202.  Transportation  of  pupils.  2.  It  shall  be  the  duty 
of  the  township  trustees  to  provide  for  the  education  of 
such  pupils  as  are  affected  by  such  or  any  former  discon- 
tinuance in  other  schools,  ad  they  shall  provide  and  main- 
tain means  of  transportation  for  all  such  pupils  as  live  at 
a  greater  distance  than  two  miles,  and  for  all  pupils  between 
the  ages  of  six  (6)  and  twelve  (12)  that  live  less  than  two 
miles  and  more  than  one  mile  from  the  schools  to  which 
they  may  be  transferred  as  a  result  of  such  discontinuance. 
Such  transportation  shall  be  in  comfortable  and  safe  con- 
veyances. The  drivers  of  such  conveyances  shall  furnish 
the  teams  therefor,  ad  shall  use  every  care  for  the  safety  of 
the  children  under  their  charge,  and  shall  maintain  dis- 
cipline in  such  conveyances.  Restrictions  as  to  the  use  of 
public  highways  shall  not  apply  to  such  conveyances.  The 
expenses  necessitated  by  the  carrying  into  effect  the  provi- 
sions of  this  act  shall  be  paid  from  the  special  school  fund. 
(R,  S.  1908,  §6423.) 


SCHOOL    LAW    OF    INDIANA.  151 

[1911,  p.  647.    Approved  March  6,  1911.] 

203.  Transportation  of  Pupils — Adjoining  Townships. 
1.     In  all  cases  where  a  township  has  established  a  central- 
ized school  and  has  provided  for  the  transportation  of  the 
school  children  of  the  township  to  such  school,  it  shall  be 
the  duty  of  the  township  trustee  of  such  township  to  provide 
for  the  transportation  of  pupils  transferred  from  schools  in 
adjoining  townships   when  such  pupils  have   been   trans- 
ferred to  such  township  school  and  when  such  transporta- 
tion will  not  necessitate  any  additional  wagons  or  require 
an  additional  distance  to  be  traveled  in  such  transportation. 

204.  Payments.    2.    The  township  trustee  having  charge 
of  the  school  from  which  such  children  are  transferred  shall 
pay  to  the  township  trustee  of  the  township  to  which  they 
are  transferred,  an  amount  equal  to  the  per  capita  cost  of 
transportation  of  the  pupils  of  such  township. 

1.  TRUSTEES  CAN  NOT  BE  MANDATED  TO  FURNISH  TRANSPORTATION  UN- 
LESS ADVISORY  BOARD  HAS  MADE  APPROPRIATION.      A  tOWDShip  trustee  CED  HOt 

be  mandated  to  provide  transportation  for  school  children,  unless  it  first  be 
shown  that  his  advisory  board  has  appropriated  the  money  therefor,  or  has 
authorized  him  to  borrow  the  necessary  money. — State,  ex  rel.,  Fairchilds 
vs.  Anderson,  170  Ind.,  540. 

2.  CHANGE  OF  SITE  DOES  NOT  ENTITLE  TO  TRANSPORTATION.     The  town 
ship  trustee  is  not  required  to  furnish  transi>ortatioii  to  pupils  living  more 
than  two  miles  or  more  than  one  mile  and  less  than  two  miles  from  school, 
where  children  are  between  six  and  twelve  years  of  age,  in  a  case  where, 
upon  petition  of  the  patrons,  the  site  of  such  school  house  has  been  changed, 
and  the  distance  thereby  made  greater,  but  said  school  not  abandoned  or 
discontinued.— Hingliain,  Attorney-General. 

[1899,  p.  373.     Approved  March  3.  1899.] 

205.  Abandoning  of  schools  in  towns— Resuming  con- 
trol.    1 .     That  any  incorporated  town  in  the  state,  that  has 
no  school  indebtedness,  the  inhabitants  of  which  do  not  ex- 
ceed fifteen  hundred,  as  shown  by  the  last  preceding  general 
census,  may,  through  its  town  board  of  trustees,  abandon 
and   discontinue   its   management   and   control   of  public 
schools  within  such  incorporated  town,   and  abolish  the 
board  of  school  trustees  therein.    Whenever  a  town  so  dis- 
continuing its  board  of  school  trustees  shall  desire  to  again 


152  SCHOOL    LAW    OF   INDIANA. 

take  control  of  its  school  affairs  the  town  board  may  on 
petition  signed  by  a  majority  of  the  resident  freeholders, 
pass  an  ordinance  to  that  effect  and  appoint  a  board  of 
school  trustees:  Provided,  That  whenever  a  town  passes 
such  ordinance  to  again  take  control  of  its  school  affairs  as 
herein  above  provided,  it  shall  be  the  duty  of  the  county 
assessor,  county  auditor  and  county  superintendent  of 
schools,  to  act  as  an  appraising  board  to  determine  what  if 
any  equitable  right  the  township  has  in  the  school  property 
thus  taken  over  and  to  determine  the  extent  to  which  such 
town  is  indebted  to  the  township,  and  the  board  of  town 
trustees  shall  pay  over  to  the  township  such  amount  as  has 
been  so  determined,  before  said  town  shall  be  permitted  to 
take  over  the  schools:  Provided,  further,  That  such  school 
property  shall  not  be  appraised  and  taken  over  by  the  town 
as  above  provided  unless  a  majority  of  the  resident  free- 
holders in  the  township  residing  outside  of  said  town,  con- 
sent to  such  transfer:  Provided,  further,  That  no  town  board 
shall  dissolve  the  school  corporation  except  by  consent  of  a 
majority  of  the  freeholders  therein.  (R.  S.  1908,  §6480,  as 
amended  1911,  p.  441.) 

206.  Conveyance  to  trustee.     2.     The  town  board  of 
trustees  of  any  such  incorporated  town,  upon  deciding  to 
abandon  and  discontinue  the  control  of  the  public  schools 
therein,  shall  make  and  cause  to  be  made  a  good  and  suf- 
ficient deed,  conveying  all  real  estate  belonging   to    such 
school  town  to  the  township  trustee  of  the  township  in 
which  such  incorporated  town  is  located;  and  shall  trans- 
fer all  the  personal  property  and  fixtures  belonging  to  such 
school  town  to  such  township  trustee,  all  of  which  shall  be 
accepted  and  held  by  such  township  trustee  for  the  use  and 
purposes  of  the  school  township  wherein  such  town  is  lo- 
cated.    (E.  S.  1908,  §6481.) 

207.  Charge  of  town  schools.     3.    After  the -require- 
ments set  forth  in  the  preceding  section  are  complied  with, 
the  township  trustee  shall  have  full  and  complete  control 
of  all  the  schools  within  such  town,  and  shall  conduct  the 


SCHOOL   LAW    OF    INDIANA.  153 

same  as  provided  for  by  law  for  the  other  schools  of  such 
township'.     (E.  S.  1908,  §6482.) 

[1911,  p.  463.    Approved  March  4,  1911.] 

208.  Joint  Building— Petition— Election.  ,  1.  Whenever 
twenty-five  legal  voters  residing  in  any  incorporated  town 
and  twenty-five  legal  voters  residing  in  the  same  township 
but  outside  said  town  shall  petition  the  school  board  of  said 
lown  and  the  township  trustee  of  the  township  in  which  said 
town  is  located  to  erect  a  joint  school  house  for  a  joint  grad- 
ed school,  or  a  joint  high  school  or  both,  or  such  modification 
thereof  as  may  be  practicable,  it  shall  be  the  duty  of  the 
school  trustees  of  said  town  and  of  said  township  trustee 
or  of  a  majority  of  them  to  call  elections  of  the  voters  of  the 
town  and  the  voters  of  the  township  residing  outside  of  such 
town  respectively,  for  the  purpose  of  determining  whether 
a  majority  of  the  legal  voters  of  each  school  corporation 
are  in  favor  of  building  said  joint  school  house.    Such  elec- 
tions of  the  legal  voters  of  the  town  and  the  legal  voters 
of  the  township  outside  of  the  town  shall  be  separate  and 
independent.     Said  trustees  shall,  upon  the  filing  of  said 
petitions,  give  notice  by  publication,  for  three  successive 
publications,  in  a  weekly  newspaper,  if  any,  published  in 
said  township,  and  if  no  weekly  is  published  in  said  town- 
ship, then  in  the  nearest  paper  published  in  said  county, 
that  on  a  day  to  be  named  by  said  trustees  that  the  polls 
will  open  at  the  several  voting  places  in  said  township 
named  in  the  petition  for  the  purpose  of  taking  the  vote  of 
the  legal  voters  thereof  upon  whether  such  joint  school 
house  shall  be  built;  said  elections  shall  be  held  not  less 
than  ten  days  nor  more  than  twenty  days  after  the  last  pub- 
lication of  said  notice. 

209.  Ballots — Election  method.     2.     On  the  day  named 
in  said  notice  such  polls  shall  be  opened  and  the  votes  of 
the  legal  voters  shall  be  taken  upon  the  question  of  building 
such  school  house,  and  said  election  shall  be  governed  by  the 
general  laws  of  the  state,  so  far  as  they  may  be  applicable, 
except  as  otherwise  provided  herein.     Said  trustees  shall 


154  SCHOOL    LAW    OF    INDIANA- 

constitute  the  board  of  election  commissioners  and  they 
shall  cause  to  be  prepared  and  -distributed  proper  ballots. 
There  shall  be  printed  on  the  ballots  two  squares  and  words 
as  follows: 

For  building  the  school  house. 

For  [Against]  building  the  school  house. 

Each  voter  desiring  to  vote  for  the  building  of  such  joint 
school  house  shall  make  a  cross  with  a  pencil  in  the  square 
containing  the  word  ' l  yes, ' '  and  each  voter  desiring  to  vote 
against  the  building  of  such  joint  school  house  shall  make 
a  cross  in  the  square  containing  the  word  "no."  Said  trus- 
tees shall  appoint  inspectors,  judges  and  clerks  for  such 
elections.  The  votes  cast  at  such  elections  shall  be  can- 
vassed at  the  office  of  the  township  trustee  on  the  day  fol- 
lowing said  election  at  10  o'clock  a.  m.,  and  a  certificate  of 
the  votes  cast  for  and  against  the  building  of  said  school 
house  shall  be  filed  with  said  trustees.  If  a  majority  of  the 
votes  cast  at  each  of  such  elections  are  in  favor  of  the  build- 
ing of  such 'joint  school  house,  said  trustees  of  said  school 
corporations  shall  proceed  to  build  the  same,  and  the  town- 
ship advisory  board  shall  make  the  proper  appropriation 
for  the  proportionate  part  of  the  cost  of  said  building  to 
be  paid  by  said  township.  Said  trustees  shall  provide  a 
suitable  site  for  said  building. 

210.  Cost  of  building— How  apportioned.  3.  The  cost 
of  construction  of  such  joint  school  house  shall  be  borne  by 
such  school  corporation  in  proportion  to  the  total  amount 
of  taxable  property  in  each  of  such  school  corporations.  If 
such  school  .town  shall  not  have  money  available  to  pay  for 
its  proportionate  part  of  the  cost  of  the  construction  of  said 
joint  school  house,  the  school  trustee  of  such  town  may  is- 
sue warrants  or  bonds  of  such  corporation  to  meet  such  pro- 
portionate cost.  If  there  are  not  sufficient  funds  available 
out  of  the  annual  township  levy  to  meet  the  proportionate 
cost  of  said  school  house  to  be  paid  by  such  township,  then 


SCHOOL    LAW    OF    INDIANA-  155 

the  township  advisory  board  of  such  township  shall  order 
bonds  or  warrants  to  be  issued,  and  the  township  trustee 
shall  issue  township  warrants  or  bonds  to  meet  such  pro- 
portionate cost  to  be  paid  by  such  school  township.  Such 
bonds  authorized  by  this  act  shall  be  payable  in  such 
amounts  and  at  such  times  as  the  trustees  of  said  corpora- 
tions respectively  may  determine  and  shall  bear  such  rate 
of  interest  as  may  be  determined,  not  exceeding  six  per  cent. 

211.  Control  and  management.    4.    Any  school  house 
constructed  under  the  provisions  of  this  act  shall  be  the  joint 
property  of  said  corporations,  and  such  property  shall  be 
owned  by  such  corporations  in  proportion  to  the  amount 
paid  by  each  for  the  construction  of  the  same,  and  said 
school  shall  be  open  to  all  pupils  residing  in  said  town  or 
township  free  of  tuition.    The  trustees  of  said  school  corpo- 
rations shall  have  the  control  and  management  of  said 
school  house  and  school  and  the  right  to  employ  teachers 
in  such  school.    Neither  of  said  corporations  shall  ever  be 
deprived  of  its  ownership  in  said  building  except  upon  full 
compensation  for  its  proportionate  interest  in  the  same. 

[1911,  p.  475.    Approved  March  4, 1911.] 

212.  High  school  district.     1.     Any  city  or  incorporated 
town  located  in  any  township  or  townships  in  this  state  and 
which  maintains  or  may  hereafter  establish  and  maintain 
a  regularly  commissioned  high  school,  easy  of  access  and 
which  meets  the  requirements  for  high  school  pupils,  may 
establish  and  maintain  jointly  with  any  such  township  or 
townships  contiguous  thereto  or  any  part  thereof  and  any 
incorporated  town  located  therein,  a  high  school  which  will 
furnish  adequate  accommodations  for  the  high  school  pu- 
pils in  the  territory  included  and  the  same  shall  be  consti- 
tuted and  known  as  a  high  school  district. 

213.  District — Determining  the  territory.     2.     School 
commissioners,  boards  of  school  trustees,  township  trustees 
or  other  school  officials  interested  may  meet  and  determine 
the  territory  to  l>e  included  in  such  high  school  district; 


156  SCHOOL    LAW    OF   INDIANA- 

make  provisions  for  ample  school  building  or  buildings  and 
equipment,  and  provide  for  the  maintenance  and  support 
of  such  high  schools  as  herein  provided. 

214.  Contract  for  School  Facilities.    3.    The  school  of- 
ficials of  any  such  township,  townships  and  incorporated 
towns  may  authorize  and  enter  into  contract  with  the  school 
commissioners  or  board  of  school  trustees  of  any  such  city 
or  incorporated  town  to  provide  such  high  school  accommo- 
dations for  a  part  or  all  of  their  respective  townships  or 
town  corporations  by  the  purchase  of  grounds,  erection  of  a 
building  or  buildings  or  by  making  repairs  of  present  build- 
ing or  additions  thereto,  and  by  equipping  the  same  in  ac- 
cordance with  existing  laws  governing  cities  and  towns 
in  such  procedure  including  the  issuing  of  notes  or  bonds  of 
their  respective  corporation  and  the  payment  of  the  same. 

215.  Expenses — Apportionment.    4.     The    school    com- 
missioners or  board  of  school  trustees  of  such  cities  and 
towns  shall  prepare  and  submit  annually,  prior  to  the  time 
for  the  levy  of  school  taxes  for  any  year,  to  the  school  of- 
ficials of  all  interested  school  corporations  of  said  high 
school  district,  an  itemized  statement  of  the  cost  of  all  ex- 
penditures for  improvements  and  maintenance  of  such  high 
school  or  schools  for  the  previous  year,  with  an  itemized 
estimate  of  the  cost  of  all  proposed  improvements,  changes, 
equipment  and  expenses  incidental  thereto  for  the  ensuing 
year,  including  any  notes,  bonds  or  interest  thereon  falling 
due  and  issued  under  any  contract  made  under  the  provi- 
sions of  this  act,  and  such  school  officials  shall  meet  and 
determine  the  expenditures  needed  and  the  total  amount 
required  'for  any  unpaid  obligations,  improvements  or  re- 
quirements for  the  ensuing  fiscal  year  of  such  high  school. 
The  total  amount  shall  then  be  apportioned  among  the 
several  school  corporations  affected  or  benefited  thereby  in 
proportion  to  the  last  official  assessed  valuation  in  each  of 
said  school  corporations  or  parts  thereof  in  said  high  school 
district.    Such  officials  of  each  school  corporation  shall  pay 
out  of  the  school  funds  of  the  township  the  amount  appor- 


SCHOOL    LAW    OF   INDIANA.  157 

tioned  to  their  respective  school  corporations  for  the  main- 
tenance of  such  high  school  and  may  issue  notes  or  sell  the 
bonds  of  their  respective  corporations  for  any  permanent 
improvements  in  such  high  school  or  pay  the  same  out  of  the 
special  school  fund  in  their  discretion.  The  school  corpora- 
tion shall  assess  such  sum  on  the  entire  property  within  the 
school  corporation  or  against  the  property  of  that  part  of 
the  school  corporation  directly  benefited. 

216.  Warrants.    5.     The  amounts  due  from  any  school 
corporation  shall  be  paid  on  warrants  issued  by  the  order 
of  the  proper  officials  of  such  school  corporation  to  the  treas- 
urer of  the  board  of  school  commissioners  or  board  of  school 
trustees  of  such  city  or  town  and  such  funds  shall  be  used 
only  for  said  high  school  purposes,  and  no  other. 

217.  Withdrawal.     6'.     If  any  school  corporation  shall 
at  any  time  wish  to  withdraw  from  said  high  school  district 
and  establish  a  separate  high  school,  they  shall  receive  from 
the  school  corporations  remaining  in  the  said  district  an 
equitable  amount  for  their  interest  in  the  property  of  said 
high  school  district,  to  be  determined  by  a  board  consist- 
ing of  the  county  superintendent,  county  auditor  and  county 
assessor.    The  amount  thereof  shall  be  paid  to  the  corpora- 
tion and  the  sum  shall  be  assessed  against  the  remaining 
school  corporations  as  other  amounts  are  assessed. 

218.  Other  Acts  Not  Repealed.    7.    It  is  the  intent  of 
this  act  that  its  provisions  shall  be  additional  to  any  stat- 
utory provisions  for  the  establishment  and  maintenance  of 
high  schools.    This  act  shall  not  therefore  be  construed  to 
repeal,  in  whole  or  in  part,  any  other  statute  having  to  do 
with  the  establishment,  maintenance  or  support  of  public 
high  schools,  except  as  herein  provided. 


158 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  X. 

TRANSFER  OF  PUPILS. 


SEC. 

219.  Reasons  for  transfer. 

220.  Tuition  for  transferred  pupila. 

221.  Appeal. 

222.  Payment  of  tuition. 

223.  Rights  not  abridged. 

224.  Settlements  for  transfers. 

225.  Transfer  to  school  corporation  of  100,000. 


SEC. 

226.  Payment  of  tuition. 

227.  Orphans'  Homes— Transfer  of  children  to. 

228.  Payment  of  tuition. 

229.  Appeal. 

230.  Adjustment  on  tuition  indebtedness 

231.  Special  written  agreements. 

232.  Transfer  outside  of  state— Tuition. 


[1901,  p.  448.    Approved  March  11,  1901.] 

219.  Reasons  for  Transfer.  1.  Whenever  any  child, 
resident  in  one  school  corporation  of  the  state,  may  be  better 
accommodated  in  the  school  of  another  school  corporation, 
the  school  trustee,  board  of  school  trustees  or  commissioners 
of  the  school  corporation  in  which  such  child  resides  shall, 
upon  application  of  the  parent,  guardian  or  custodian  of 
such  child,  made  at  any  time,  grant  an  order  of  transfer 
which  shall  entitle  such  child  to  attend  the  schools  of  the 
corporation  to  which  such  transfer  is  made  under  the  con- 
conditions  hereinafter  prescribed:  Provided,  That  in  de- 
termining whether  a  child  can  be  better  accommodated  in 
the  schools  of  another  school  corporation  than  that  in  which 
such  child  resides,  such  matters  as  the  proximity  of  the 
schools  of  the  township  and  city  to  the  residence  of  such 
child  desiring  the  transfer;  the  kind  and  character  of  the 
roads  to  each;  the  means  of  transportation,  if  any,  to  each; 
the  crowded  conditions  of  the  schools  in  either  of  the  two 
school  corporations  shall  be  pertinent:  And,  Provided,  fur- 
ther, That  the  desire  to  attend  a  commissioned  or  accredited 
[certified]  high  school,  when  no  such  school  is  maintained 
in  the  resident  school  corporation,  or  when  in  attending  such 
commissioned  or  accredited  high  school  the  Jiving  expenses 
can  be  more  advantageously  provided  for  in  another  school 
corporation,  or  when  such  commissioned  or  accredited  high 
school  in  another  school  corporation  is  more  accessible,  shall 


SCHOOL     LAW    OF     INDIANA  159 

be  deemed  reasons  for  such  transfer:  And  Provided,  further, 
That  the  provisions  of  this  act  shall  be  construed  as  apply- 
ing in  the  same  manner  to  resident  pupils  who  are  graduates 
from  the  eighth  grade  in  the  common  schools  of  this  state, 
or  its  equivalent,  who  may  desire  to  attend  a  private  school 
of  the  secondary  rank,  which,  having  been  duly  approved  by 
the  state  board  of  education,  holds  the  same  rank  as  a  com- 
missioned high  school.  (R.  S.  1908,  §6449  as  amended  1909, 
i>.  173.) 

1.  The  State  Board  of  Education  fixes  standards  to  be  maintained 
by  non-commissioned  and  non-certified  high  schools  so  as  to  make  the  work 
done  by  such  schools  "count  upon  the  courses  in  commissioned  and  certified 
high  schools. 

2.  ANNUAL  TRANSFER.     Transfers  have  to  be  made  every  year ;  a  trans- 
fer for  one  year  is  not  valid  for  the  next  year. — 143  Ind.  84. 

3.  THE  RIGHT  OF  TRANSFER.     Formerly  persons  could  be  transferred 
at  no  other  time  than  at  the  time  enumeration  was  taken,  and  then  only 
when  the  trustee  was  satisfied  that  they  could  be  better  accommodated. — 
Edwards  v.  Trustee,  etc.,  143  Ind.  84;  but  now  the  transfer  may  be  made 
at  any  time. 

4.  APPEAL.     The  right  to  be  transferred  is  not   absolute,  depending 
upon  the  choice  of  the  citizen,  like  the  right  to  be  attached  to  any  school 
in  his  township.     It  can  only  be  claimed  if  he  "can  be  better  accommo- 
dated" by  such  transfer,  and  the  power  of  the  trustee  to  make  the  transfer 
depends  upon  the  existence  of  that  condition.    Of  necessity,  then,  he  must 
determine  whether  or  not  the  condition  exists,  and  act  upon  such  deter- 
mination.   Cut  his  decision  is  not  final.   Section  445  expressly  provides  for 
an  appeal  to  the  county  superintendent  from  all  decisions  of  the  trustee 
relative  to  school  matters ;  and  for  the  purpose  of  preventing,  as  far  as 
can  be,  vexatious  litigation,  provides  that  the  decision  of  the  county  super- 
intendent shall  be  final  as  to  certain  matters,  among  which  is  enumerated 
"transfers  of  persons  for  school  purposes." — Fogle  v.  Gregg,  26  Ind.  345; 
Edwards  v.  Trustee,  etc.,  143  Ind.  84.    See  section  181. 

5.  BETTER  ACCOMMODATIONS.     The   right  of  transfer  for  educational 
purposes,  provided  by  statute,  is  given  only  to  persons  who  can  be  better 
luvommodated  thereby.    It  is  a  personal  right,  and  each  request  for  trans- 
fer is  to  be  considered  and  determined  upon  its  merits  as  a  separate  case 
by  the  school  officers;  that  is,  can  the  person  requesting  the  transfer,  tak- 
ing all  the  surroundings  and  conditions  that  will  exist  during  the  coming 
school  year  into  consideration,  be  better  accommodated  during  such  year 
with  schooJ  privileges  at  the  schools  of  the  school  corporations  to  which 
he  seeks  transfer  than  at  the  schools  of  the  school  corporation  in  which  he 
resides. 

In  the  deter minnti on  of  this  question  many  things  would  be  material 
and  pertinent;  the  proximity  of  tho  schools  in  the  township  and  city  to  the 
residence  of  relator;  the  kind  and  character  of  the  roads  to  each;  the 


160  SCHOOL    LAW    OF    INDIANA- 

means  of  transportation,  if  any,  to  each;  the  crowded  condition  of  the 
schools  in  either  of  the  two  school  corporations. — Edwards  v.  Trustee,  etc., 
143  Ind.  84. 

G.  TAXES  OF  TRANSFERRED  PERSONS.  Persons  now  transferred  are  no 
longer  taxed  in  the  township  to  which  they  are  transferred,  unless  they 
have  property  in  that  township.  For  a  decision  on  the  old  law,  see  Johns 
v.  State,  130  Ind.  522. 

7.  To  WHAT  TAXES  LIABLE.    Formerly  a  transferred  person  was  liable 
to  all  taxes  levied  for  school  purposes  in  the  corporation  to  which  he  was 
transferred,  and  at  the  same  rate  as  resident  school  patrons. — Johns  v. 
State,  130  Ind.  522. 

8.  CONSTITUTIONAL.     The  provisions  of  the  old  section  authorizing  the 
taxation  of  the  person  transferred  was  constitutional. — Kent  v.  Town  of 
Kentland,  62  Ind.  201  ;  Koblnson  v.  Schenck,  102  Ind.  307,  315. 

9.  MUST  RECEIVE.    The  person  transferred  must  be  received  by  the 
school  corporation  to  which  the  transfer  is  made. — Edwards  v.  Trustee,  etc., 
143  Ind.  84. 

10.  REQUEST  NECESSARY.     Unless  the  person  to  be  transferred  requests 
it,  a  transfer  can  not  be  made. — Edwards  v.  Trustee,  etc.,  143  Ind.  84. 

11.  APPEAL  ON  REFUSAL  TO  MAKE  TRANSFER.    The  person  desiring  to  be 
transferred  has  the  right  to  appeal  if  his  request  be  denied;  and  so  has 
the  corporation  to  which  a  transfer  is  made.     The  appeal  must  be  taken 
within  thirty  days  after  the  request  is  made  and  refusal  given;  or,  in 
case  of  the  school  corporation,  within  thirty  days  after  it  is  notified  of 
the  transfer.    On  appeal,  the  decision  of  the  county  superintendent  is  final. 
— Edwards  v.  Trustee,  etc.,  143  End.  84. 

12.  LENGTH  OF  TIME  OF  TRANSFER.    It  has  been  rigidly  held  by  the  su- 
preme court  that  a  transfer  is  for  a  full  year  regardless  of  the  length  of 
term  of  school  in  the  corporation  from  which  the  transfer  is  made.    There- 
fore, if  a  child  is  transferred  from  a  corporation  maintaining  a  six  months' 
term  to  a  corporation  that  maintains  a  nine  months'  term  the  said  child  is 
entitled  to  nine  months  of  school  as  provided  where  transferred. 

13.  TRANSFER  OF  HIGH  SCHOOL  PUPILS.    All  pupils  are  entitled  to  a 
four  years'  high  school  course  in  a  commissioned  high  school,  and  when 
the  corporation  in  which  the  pupil  lives  does  not  maintain  such  a  course 
the  pupil  is  entitled  to  a  transfer  to  a  commissioned  high  school. 

220.  Tuition  for  transferred  pupils.  2.  If  such  transfer 
is  granted,  the  school  trustee,  or  board  of  school  trustees, 
or  commissioners  of  the  school  corporation  in  which  such 
child  resides,  shall  pay  out  of  the  special  school  fund,  or  out 
of  the  township  fund  or  out  of  the  tuition  fund  at  his  dis- 
cretion, to  the  school  trustee,  board  of  school  trustees  or 
commissioners  of  the  school  corporation  to  which  such  child 
is  transferred,  as  tuition  for  such  child,  an  amount  equal 
to  the  annual  per  capita  cost  of  education  in  the  corpora- 
tion to  which  said  child  is  transferred;  or  such  a  part  of  it 


SCHOOL    LAW    OF    INDIANA.  161 

as  the  term  of  enrollment  of  said  child  in  the  schools  of  the 
creditor  corporation  may  require:  Provided,  That  the  per 
capita  cost  in  high  schools  shall  be  calculated  upon  the  basis 
of  expenditures  for  high  school  purposes,  and  the  per  capita 
cost  in  grade  schools  shall  be  calculated  upon  the  basis  of 
expenditures  for  the  schools  below  the  high  school:  Pro- 
vided, That  the  rate  of  tuition  per  month  shall  not  exceed 
four  dollars  in  the  high  school,  or  two  dollars  in  the  grades. 
In  calculating  the  per  capita  cost,  only  expenditures  for  the 
current  year,  not  including  permanent  improvements  and 
additions,  shall  be  counted  and  shall  be  based  on  the  fol- 
lowing items:  Salaries  of  instructors  (not  including  super- 
intendent's salary).  Salary  of  janitor.  Fuel  and  light. 
Printing  and  laboratory  supplies  (not  including  apparatus 
or  breakage).  (R.  S.  1908,  §6450  as  amended  1909,  p.  322.) 

1.  In  determining  the  per  capita  cost,  the  total  cost  should  be  divided 
by  the  average  monthly  enrollment. 

2.  In  small  high  schools  where  the  superintendent  devotes  a  part  of 
his  time  to  teaching,  the  contract  should  show  the  proportionate  amounts 
paid  for  teaching  and  supervision.     The  tuition  fund  should  be  used  in 
paying  for  teaching.     The  total   cost  for   instruction   should   include  the 
teaching  part  of  superintendent's  salary. 

221.  Appeal.  3.  If  an  order  of  transfer  be  denied  to 
the  school  corporation  in  which  the  said  custodial  institu- 
tion or  orphans7  home  is  located,  said  school  corporation  by 
its  proper  officer  or  officers  may  appeal  the  case  to  the  coun- 
ty superintendent  of  schools  of  the  county  denying  said 
transfer.  Either  school  corporation  by  its  proper  officer  or 
officers  may  appeal  from  the  decision  of  the  county  superin- 
tendent of  schools  to  the  state  superintendent  of  public  in- 
struction, within  sixty  days,  by  filing  a  written  statement 
of  the  case  and  serving  written  notice  upon  the  other  con- 
testing corporation.  (R.  S.  1908,  §6451.) 

1.  FINAL  DECISION.     The  county  superintendent's  decision  is  final. 

2.  TIME  FOB  APPEAL.    The  appeal  must  be  taken  within  thirty  days 
after  refusal  to  make  the  transfer  has  been  made  by  the  trustee. 

[11—27277] 


162  SCHOOL    LAW    OF    INDIANA- 

222.  Payment  of  tuition — Refusal  to  make.    4.     The  in- 
debtedness for  tuition  between  school  corporations  arising 
from  the  provisions  of  this  act  shall  be  due  and  payable 
February  1st  and  July  30th  of  every  year.    If  any  school 
trustee  or  board  of  school  trustees  or  commissioners  refuse 
to  pay  any  sums  claimed  by  another  corporation  as  due, 
the  creditor  corporation  shall  make  written  statement  of 
the  case  to  the  county  auditor,  who  shall  have  power  to 
hear  and  determine  the  matter.    If  he  hold  that  a  given  sum 
is  due  the  complaining  corporation,  he  shall,  in  the  next 
semi-annual  distribution  of  school  revenues,  withhold  such 
sum  from  the  amount  otherwise  due  the  debtor  corporation: 
Provided,  That  unpaid  tuition  claims  arising  between  cor- 
porations of  different  counties  shall  be  adjusted  by  the 
state  superintendent  of  public  instruction,  through  the  ap- 
portionment of  school  revenues.    (E.  S1.  1908,  §6452.) 

223.  Rights  not  abridged.    5.    Nothing  in  this  act  shall 
be  construed  to  abridge  the  right    of   trustees,    boards  of 
trustees  or  commissioners  of  two  or  more  corporations  to 
enter  into  written  agreements  to  educate  the  transferred 
children  of  their  respective  corporations  for  a  charge  less 
than  that  named  in  section  2  of  this  act.     (R.  S.  1908, 
§6453.) 

[1907,  p.  221.    Approved  March  9, 1907.] 

224.  Settlements  for  transfers.     1.     Any  school  trustee, 
board  of  school   trustees  or  commissioners  of  any  school 
corporation  which  shall  receive  transfer  of  children  from 
another  school  corporation,   shall  on  or  before  the  third 
Monday  in  June  of  each  year,  file  with  the  school  trus- 
tee,   board    of    school    trustees    or    commissioners    of    the 
school    corporation    in    which    such    transferred    child    or 
children  reside,  a  complete  statement  showing  all  of  such 
transfers,  giving  the  name  of  each  child  and  the  school  cor- 
poration from  which  each  child  was  received,  together  with 
a  statement  of  the  attendance  of  each  child  so  transferred 
and  the  amounts  due  to  the  corporation  to  which  such  trans- 
fer has  been  made  because  of  the  same,  and  also  a  certified 


SCHOOL    LAW    OF    INDIANA.  163 

statement  of  the  annual  per  capita  cost  of  maintaining  the 
school  or  schools  which  such  transferred  child  or  children 
attended  during  the  year.  The  school  trustee,  board  of 
school  trustees  or  commissioners  of  the  school  corporation 
from  which  said  child  or  children  were  transferred  shall 
pay  out  of  the  special  school  fund  or  out  of  the  township 
fund,  or  out  of  the  tuition  fund,  of  his  corporation,  at  his 
discretion,  to  the  school  trustee,  board  of  school  trustees 
or  commissioners  of  the  school  corporation  to  which  such 
child  or  children  were  transferred,  on  or  before  the  1st  day 
of  August  next  following  the  receipt  of  the  aforesaid  state- 
ment of  the  amount  of  tuition  thus  due  and  in  the  event  of 
failure  to  pay  said  tuition  when  due,  a  penalty  of  ten  per 
cent,  shall  attach  from  and  after  the  1st  day  of  August  of 
the  year  in  which  such  tuition  is  due:  Provided,  That  the 
school  trustee,  board  of  school  trustees  or  commissioners 
of  any  school  corporation  now  indebted  to  any  other  school 
corporation  on  account  of  the  transfer  of  any  child  or  chil- 
dren, are  hereby  authorized  to,  and  they  shall  pay  such  in- 
debtedness out  of  the  special  school  fund  now  belonging  to 
the  corporation  so  indebted,  and  not  otherwise  appropri- 
ated. (R.  S.  1908,  §6454  as  amended  1909,  p.  331.) 

1.  NOTE.  A  transfer  certificate  is  the  legal  evidence  that  a  pupil  has 
the  ri.^lit  to  enter  the  schools  of  a  corporation  other  than  his  own.  It  is  an 
evidence  of  a  legal  claim  of  a  creditor  corporation  against  a  debtor  corpora- 
tion. It  is  the  better  practice  for  school  authorities  to  insist  that  transfer 
certificates  ho  filed  before  pupils  from  outside  corporations  are  received 
into  their  schools. 

[1901,  p.  513.  .Approved  March  11,1901.] 

225.  Transfer  to  school  corporation  of  100,000.  1. 
Whenever  a  child  shall  be  transferred  for  school  purposes 
from  one  school  district  or  corporation  to  another,  the  lat- 
ter having  a  population  of  more  than  100,000,  according  to 
the  last  preceding  United  States  census,  in  case  the  parent, 
guardian  or  custodian  of  such  child  is  at  the  time,  prior  to 
August  1st,  in  any  year,  a  taxpayer  in  the  district  to  which 
the  transfer  is  made,  any  tuition  payable  by  law  on  account 
of  such  transfer  by  the  corporation  making  it,  shall  be  re- 


164  SCHOOL   LAW    OF   INDIANA- 

duced  or  credited  to  the  extent  of  all  current  school  taxes 
levied  by  the  corporation  to  which  the  transfer  is  made  and 
payable  by  such  parent,  guardian  or  custodian.  (R.  S. 
1908,  §6455.) 

226.  Payment  of  tuition.     2.     If  any  parent,  guardian  or 
custodian  of  a  child  entitled  by  law  to  attend  the  common 
schools  of  one  district  school  or  school  corporation  of  this 
state  desires  to  have  the  child  transferred  for  school  pur- 
poses to  another  such  school  district  or  school  corporation 
of  this  state,  the  latter  having  a  population  of  more  than 
100,000,  according  to  the  last  United  States  census,  and  he 
fails,  or  is  unable  to  procure  such  transfer  to  be  made,  as 
provided  by  law,  in  such  case  if  the  child  shall  neverthe- 
less be  accepted  as  a  scholar  in  the  common  schools  of  such 
district  or  corporation  to  which  the  transfer  was  desired, 
any  tuition  for  the  child  payable  by  the  parent,  guardian  or 
custodian  to  the  school  corporation  where  the  child  shall 
be  so  accommodated  shall  be  reduced  or  credited  to  the  ex- 
tent of  all  current  school  taxes  levied  by  the  school  cor- 
poration so  accommodating  the  child,  and  payable  by  such 
parent,  guardian  or  custodian.    (R.  S.  1908,  §6456.) 

[1903,  p.  15.    Approved  February  6.  1903.  J 

227.  Orphans'  homes — Transfer  of  children  to.     1.    De- 
pendent children  in  orphans'  homes  or  custodial  institu- 
tions for  dependent  children  in  this  state,  shall  be  educated 
by  the  township  trustee  or  school  board  of  the  corporation 
in  which  the  custodial  institution  or  orphans'  home  is  lo- 
cated.   That  the  board  of  commissioners  of  any  county,  the 
board  of  children 's  guardians,  township  trustees,  truant  offi- 
cers, state  agents,  juvenile  courts  and  other  courts  and  per- 
sons authorized  by  law  to  place  dependent  children  in  cus- 
todial institutions  of  this  state,  shall  immediately  upon  the 
placing  of  any  child  or  children  in  any  such  custodial  in- 
stitution, give  notice  to  the  school  corporation  from  which 
said  child  came  that  said  child  has  been  placed  in  such  cus- 
todial institution.     That  a  transfer  certificate  shall  be  is- 
sued by  the  trustee  or  school  board  where  such  child  has  a 


SCHOOL    LAW    OF    INDIANA-  165 

legal  settlement,  for  each  dependent  child  in  such  custodial 
institution  or  orphans'  home,  and  sent  to  the  proper  school 
officer  or  officers  of  the  school  corporation  where  said  cus- 
todial institution  or  orphans'  home  is  located:     Provided, 
That  in  the  event  of  a  transfer  of  a  child  from  one  custodial 
institution  or  orphans '  home  to  another,  a  new  transfer  cer- 
tificate shall  be  issued.    That  each  school  corporation  thus 
transferring  a  child  or  children  shall  be  credited  at  the  end 
of  the  school  year  on  its  transfer  account  to  the  amount  of 
the  annual  per  capita  distribution  made  by  the  state  super- 
intendent of  public  instruction  when  such  child  has  been 
enumerated  in  the  custodial  institution  or  orphans'  home. 
That  account  shall  be  kept  by  the  custodial  institution  or  or- 
phans'  home  of  the  actual  school  days  each  child  is  an  in- 
mate of  said  custodial  institution  or  orphans'  home,  and  the 
same  reported  to  the  proper  school  officer  where  said  insti- 
tution is  located  at  the  end  of  the  school  year:    Provided, 
That  the  report  from  any  such  custodial  institution  to  the 
township  trustee  or  the  school  board  of  the  corporation  in 
which  the  same  is  located,  shall  also  contain  the  name 
of    the    school    corporation    in    which    said    child    has    a 
legal    settlement,    the    date   when    entering    said    institu- 
tion,  when   removed,   and   the   age   of   said   child.     That 
each    dependent    child    in    custodial    institutions    or    or- 
phans' homes  in  this  state  shall  be  enumerated  where  it 
is  at  the  time  the  enumeration  is  taken,  whether  it  be  in 
the  child's  own  school  corporation  or  the  school  corporation 
where  the  custodial  institution  is  located,  but  said  enumera- 
tion shall  not  change  the  legal  settlement  of  any  such  child. 
(R.  S.  1908,  §6458  as  amended  1907,  p.  310.) 

Since  the  transfer  certificate  is  essential  to  enable  the  creditor  cor- 
poration to  establish  its  claim,  trustees  of  corporations  in  which  orphans' 
homes  are  located  should  insist  upon  having  transfers  before  receiving 
such  pupils  into  their  schools. 

228.  Payment  of  tuition.  2.  The  school  corporation  in 
which  such  child  has  settlement  shall  pay  out  of  the  special 
school  fund  of  said  corporation  to  the  school  corporation  in 
which  said  institution  is  located,  as  tuition  for  said  child, 


166  SCHOOL    LAW    OF    INDIANA. 

an  amount  equal  to  the  annual  per  capita  cost  of  education, 
in  the  corporation  to  which  said  child  is  transferred,  or  such 
a  part  of  it  as  the  child  or  children  are  actually  school  resi- 
dents of  the  corporation  to  which  they  were  transferred: 
Provided,  That  the  rate  of  tuition  per  month  shall  not  ex- 
ceed one  dollar  and  fifty  cents.  In  calculating  the  per  cap- 
ita cost,  only  expenditures  for  current  year,  not  including 
permanent  improvements  and  additions,  shall  be  counted. 
(R.S.  1908,  §6459.) 

229.  Appeal.     3.     If  an  order  of  transfer  be  denied  to 
the  school  corporation  in  which  the  said  custodial  institu- 
tion or  orphans '  home  is  located,  said  school  corporation  by 
its  proper  officer  or  officers  may  appeal  the  case  to  the  coun- 
ty superintendent  of  schools  of  the  county  denying  said 
transfer.     Either  school  corporation  by  its  proper  officer 
or  officers  may  appeal  from  the  decision  of  the  county  super- 
intendent of  schools  to  the  state  superintendent  of  public 
instruction,  within  sixty  days,  by  filing  a  written  statement 
of  the  case  and  serving  written  notice  upon  the  other  con- 
testing corporation.     (R.  S.  1908,  §6460.) 

230.  Adjustment  of  tuition  indebtedness.    4.    The  in- 
debtedness for  tuition  between  school  corporations  arising 
from  the  provisions  of  this  act  shall  be  due  and  payable 
February  1st  and  July  30th  of  every  year.    If  any  school 
trustees  or  board  of  school  trustees  or  commissioners  refuse 
to  pay  any  sums  claimed  by  another  corporation  as  due,  the 
creditor  corporation  shall  make  written  statement  of  the 
case  to  the  county  auditor,  who  shall  have  power  to  hear 
and  determine  the  matter.    If  he  hold  that  a  given  sum  is 
due  the  complaining  corporation,  he  shall,  in  the  next  semi- 
annual distribution  of  school  revenues  withhold  such  sum 
from  the  amount  otherwise  due  the  debtor  corporation: 
Provided,  That  unpaid  tuition  claims  arising  between  cor- 
porations of  different  counties  shall  be  adjusted  by  the  state 
superintendent  of  public  instruction,  through  the  appor- 
tionment of  school  revenues.    (R.  S.  1908,  §6461.) 


SCHOOL    LAW    OF    INDIANA-  167 

231.  Special  written  agreements.     5.     Nothing  in  this 
act  shall  be  construed  to  abridge  the   right  of  trustees, 
boards  of  trustees  or  commissioners  of  two  or  more  corpora- 
tions to  enter  into  written  agreements  to  educate  the  trans- 
ferred children  of  their  respective  corporations  for  a  charge 
less  than  that  named  in  section  2  of  this  act,  nor  shall  this 
act  apply  to  children  maintained  in  any  institution  support- 
ed out  of  the  state  treasury.     (R,  S.  1908,  §6462.) 

[1911.  p.  487.    Approved  March  6,  1  'll.^ 

232.  Transfer  outside  of  state— Tuition.     1.     That  when- 
ever the  children,  resident  in  any  school  corporation  of  the 
State  of  Indiana  may  be  better  accommodated  in  the  schools 
of  another  school  corporation  or  district  outside  of  the  State 
of  Indiana  but  adjoining  such  school  corporation  in  Indiana, 
then  the  school  trustee,  board  of  school  trustees  or  commis- 
sioners of  such  school  corporation  in  which  such  children 
reside,  shall,  upon  petition  of  a  majority  of  school  patrons  of 
such  school  corporation,  grant  orders  of  transfer  to  all  chil- 
dren in  such  school  corporation,  between  the  ages  of  six  and 
twenty-one  years  who  may  desire  to  attend  school,  to  such 
school  corporation  or  district  outside  of  the  State  of  In- 
diana; and  for  each  child  so  transferred,  such  school  trus- 
tee of  each  township  and  the  trustees  of  each  school  town 
and  school  city  shall  pay  to  such  foreign  school  corpora- 
tion as  a  tuition  fee  for  each  pupil,  a  sum  not  exceeding  two 
dollars  per  month  for  common  school  education,  and  a  sum 
not  exceeding  four  dollars  per  month  for  graded  high  school 
education,  payable  from  the  special  fund  of  such  school 
corporation:    Provided,   That  such   transfer  shall  not   be 
made  if  a  graded  high  school  be  situated  within  a  distance 
of  two  miles  of  such  school  corporation  within  the  State  of 
Indiana:     Provided,  further,   That  no   transfers   shall   be 
made  until  a  satisfactory  written  contract  shall  be  executed 
by  such  school  corporation  and  such  foreign  school  corpo- 
ration or  proper  school  authority. 


168 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XI. 

SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 


SEC. 

267.  Manual  training  schools. 

268.  Teachers  and  instructor. 

269.  Tax  to  support  schools. 

270.  Taxes — Powers  as  to  levy. 

271 .  Bonds — Building  and  grounds  fund. 

272.  Art  association — Financial  aid. 

273.  Powers  of  School  Commissioners. 

274.  Repeal. 

275.  Health  inspection. 

276.  Tax  levy  for  health  inspection. 

277.  Trade  and  industrial  schools. 

278.  Maintenance  and  operation. 

279.  Transfer— Tuition. 

280.  Public  playgrounds. 

281.  Custody  and  control . 

282.  Expenses— Tax. 

283.  Teachers'  pension  fund— Trustee. 

284.  Officers— Duties. 

285.  Control  of  fund— What  constitutes. 

286.  Investment  of  funds. 

287.  Sinking  fund. 

288.  Uses  of  fund. 

289.  Years  of  service— How  computed. 

290.  Pensioners— Re-examination. 

291.  Service  pensions. 

292.  Computing  time. 

293.  Trustees— By-laws. 

294.  Payments— When  refunded  in  part. 

295.  Deficiency— Pro  rata  payments. 

296.  Place  of  payment. 

297.  Pensions  exempt  from  seizure. 

298.  Cancellation  of  pensions. 

299.  Teacher  defined. 


,  p.  434.    Approved  March  4, 1899.] 

233.  Board  of  school  commissioners — Cities  of  100,000 
inhabitants.  1.  The  government  of  common  schools  in 
cities  of  one  hundred  thousand  or  more  inhabitants,  accord- 
ing to  the  last  United  States  census,  shall  be  vested  in  a 
board  of  school  commissioners,  which  shall  consist  of  five 
school  commissioners.  The  said  board  of  school  commis- 
sioners shall  have  and  exercise  all  the  powers  now  con- 
ferred by  an  act  of  the  general  assembly  of  this  state, 
approved  March  3,  1871,  entitled  "an  act  providing  for 


SEC. 

233.  Board  of  School  Commissioners. 

234.  Qualifications  of  commissioners. 

235.  Nomination  and  election. 

236.  Terms. 

237.  Organization — Treasurer. 

238.  Committees— Salaries— Rules. 

239.  Legislative  act — Director's  approval. 

240.  Officers  and  teachers — Examinations. 

241.  Business  director — Duties. 

242.  Superintendent,  librarian,  et  al. — Duties. 

243.  Appointment  or  discharge — Reports. 

244.  Director's  duties— Bond. 

245.  Auditor  of  School  Board. 

246.  Warrants. 

247.  Evidence  of  indebtedness. 

248.  Illegal  warrant— Liability. 

249.  Appropriation  necessary. 

250.  Auditor's  report— Bond— Pay. 

251.  Accountants. 

252.  Payments  to  Treasurer. 

253.  Contracts,  appropriations  for  necessary. 

254.  Contracts  to  be  in  writing— Supplies. 

255.  Bids  for  school  house. 

256.  Funding  indebtedness. 

257.  Tax  levy. 

258.  School  law  in  force. 

259.  Old  School  Board. 

260.  Limit  of  debt. 

261.  Real  estate  and  improvement  bonds. 

262.  Purchase  of  grounds  and  buildings. 

263.  Eminent  domain,  may  exercise. 

264.  Removal  of  Commissioners. 

265.  Levy  to  pay  debts. 

266.  Subsequent  censuses. 


SCHOOL    LAW    OF    INDIANA.  169 

a  general  system  of  common  schools  in  all  cities  of  thirty 
thousand  or  more  inhabitants,  and  for  the  election  of  a 
board  of  school  commissioners  for  such  cities,  and  defin- 
ing their  duties  and  prescribing  their  powers,  and  pro- 
viding for  common  school  libraries  within  such  cities, " 
and  all  acts  amendatory  thereof,  and  supplemental  thereto; 
and  also  all  powers  now  conferred  by  law  on  boards  of 
school  commissioners  in  cities  of  thirty  thousand  or  more 
inhabitants,  according  to  the  United  States  census  of  1870, 
as  well  as  the  powers  now  conferred  by  law  on  boards  of 
school  commissioners  in  cities  of  one  hundred  thousand 
or  more  inhabitants,  except  as  otherwise  herein  provided. 
And  said  board  of  school  commissioners  provided  for  by 
this  act  shall  assume,  pay  and  be  liable  for  all  the  indebted- 
ness and  Jiabilities  of  boards  of  school  commissioners  here- 
tofore elected  under  the  above  described  acts.  (R.  S.  1908, 
§6515.) 

1.  STATUIE  VALID.    This  statute  is  valid.— Campbell  v.  City  of  Indi- 
anapolis, 355  Ind.  186;  same  case,  57  N.  E.  Rep.  920. 

2.  The  act  of  1871  referred  to  is  repealed  by  this  act.    It  was  declared 
unconstitutional  in  Campbell  vs.  City  of  Indianapolis,  cited  above. 

234.  Qualifications  of  commissioners.  2.  The  members 
of  such  board  of  school  commissioners  shall  be  at  least 
twenty-five  years  of  age,  residents  of  the  city,  and  shall 
have  been  such  residents  for  at  least  three  years  immedi- 
ately preceding  their  election.  They  shall  be  ineligible  to 
any  elective  or  appointive  office  under  such  board  of  school 
commissioners  and  under  the  government  of  such  city  while 
holding  membership  in  said  board.  They  shall  not  be  in- 
terested in  any  contract  with  or  claim  against  the  school 
city  in  which  they  are  elected,  either  directly  or  indirectly. 
If  at  any  time  after  the  election  of  any  member  of  said 
board  he  shall  become  interested  in  any  such  contract  with 
or  claim  against  said  school  city  he  shall  thereupon  be  dis- 
qualified to  continue  as  a  member  of  said  board,  and  a 
vacancy  shall  thereby  be  created.  Every  member  of  said 
board  shall,  before  assuming  the  duties  of  his  office,  take 
an  oath  before  some  one  qualified  to  administer  oaths  that 


170  SCHOOL    LAW    OF    INDIANA- 

he  possesses  all  of  the  qualifications  required  by  this  act, 
that  he  will  honestly  and  faithfully  discharge  the  duties  of 
his  office,  that  he  will  not,  while  serving  as  a  member  of 
such  board,  become  interested,  directly  or  indirectly,  in 
any  contract  with  or  claim  against  said  school  city,  and 
that  he  will  not  be  influenced  during  his  term  of  office  by 
any  consideration  of  politics  or  religion  or  anything  except 
that  of  merit  and  fitness  in  the  appointment  of  officers  and 
the  engagement  of  employes.  No  compensation  shall  be 
received  by  members  of  the  board,  but  they  shall  be  exempt 
from  jury  duty  during  their  term  of  office.  (R.  S.  1908, 
§6516.) 

235.  Nomination  and  election.  3.  The  said  board  of 
school  commissioners  shall  be  elected,  except  as  specified  in 
section  4  of  this  act,  on  a  general  ticket  for  the  term  of  four 
years,  by  the  voters  of  said  city  qualified  to  vote  at  its  city 
elections.  The  members  of  such  board  shall  be  elected  at 
the  regular  city  election  of  such  civil  city,  and  shall  be 
taken  from  the  city  at  large  without  reference  to  districts, 
and  such  election  shall  be  held  under  the  provisions  of  the 
general  laws  governing  such  city  elections,  so  far  as  they 
are  not  inconsistent  with  the  provisions  of  this  act.  The 
expense  of  such  election,  except  that  of  printing  the  ballots, 
shall  be  borne  by  the  civil  city.  Not  later  than  forty  days 
before  any  election  for  members  of  the  board  of  school  com- 
missioners, provided  for  in  this  act,  householders  of  said 
city  may  present  names  of  candidates  for  election  as  mem- 
bers of  said  board  of  school  commissioners  by  filing  the 
nominations  in  the  office  of  the  comptroller  of  said  city  in 
the  manner  following:  Each  candidate  shall  be  proposed  in 
writing  by  not  fewer  than  three  hundred  householders  of 
said  city.  No  more  than  one  candidate  may  be  named  in 
any  one  petition  and  no  person  may  sign  more  than  one 
petition  for  any  one  election.  Upon  the  filing  of  such 
petitions  in  the  office  of  the  comptroller,  as  aforesaid,  the 
comptroller  shall  place  the  same  in  the  public  files  of  his 
office  and  for  five  days,  the  last  of  which  shall  be  not  less 
than  thirty  days  before  the  election,  he  shall  publish  the 


SCHOOL    LAW    OF    INDIANA-  171 

names  proposed  in  two  daily  newspapers  of  the  city,  and 
at  the  time  required  by  law  shall  certify  such  nominations 
to  the  regular  board  of  election  commissioners  for  said  city 
election.  Any  one  thus  nominated  may  withdraw  his  nomi- 
nation by  a  written  decimation  filed  with  the  comptroller 
before  the  certification  of  the  same  as  aforesaid.  The  comp- 
troller shall  not  certify  or  publish  the  name  of  any  candi- 
date who  shall  appear  to  be  ineligible  under  the  provisions 
of  section  2  of  this  act.  The  election  commissioners  shall 
prepare  ballots  the  color  and  quality  of  whose  paper  shall 
be  the  same  as  that  of  the  regular  city  ballots.  The  ballots 
so  prepared  shall  contain  the  names  of  all  such  candidates 
arranged  in  alphabetical  order  in  columns  according  to  the 
following  method:  The  names  of  candidates  for  each  term 
shall  be  printed  in  a  separate  column,  those  for  the  regular 
term  in  the  first  column  and  those  to  fill  vacancies  in  the 
second  column,  and  such  names  shall  be  printed  upon  the 
ballots  in  rotation  in  such  manner,  as  nearly  as  possible, 
that  the  name  of  each  candidate  shall  appear  at  the  head 
of  the  column  for  his  term,  whether  the  regular  or  the  va- 
cancy term,  as  often  as  that  of  any  other  such  candidate 
shall  so  appear,  and  in  the  second  place  a  like  number  of 
times,  and  so  on.  In  printing  the  ballots,  the  positions  of 
the  several  names  shall  be  changed  as  many-  times  as  there 
are  candidates  to  be  voted  for.  In  changing  the  positions, 
the  printer  shall  take  the  name  at  the  head  of  the  column 
and  put  it  at  the  foot,  raising  the  remainder  of  the  column 
so  that  the  name  that  was  second  before  the  change  shall  be 
first  after  the  change.  After  the  ballots  are  printed  they 
shall  be  kept  in  separate  piles,  one  pile  for  each  change  of 
position,  and  then  gathered  by  taking  one  from  each  pile 
and  placing  it  upon  the  pile  to  be  blocked  in  such  a  way 
that  every  block  of  one  hundred  ballots  (and  all  ballots 
shall  be  sent  out  in  blocks  of  one  hundred  each)  shall 
have  as  nearly  as  possible  an  equal  number  of  ballots  of 
each  kind,  and  the  name  of  each  candidate  thereon  shall  ap- 
pear severally  in  first,  second,  third  and  fourth  place,  and 
so  on,  upon  the  several  ballots  an  equal  number  of  times 


172  SCHOOL    LAW    OF    INDIANA- 

with  each  of  the  other  candidates  for  the  said  term.    There 
shall  be  nothing  on  the  face  of  said  ballots  except  as  other- 
wise provided  herein  and  except  the  names  of  the  candi- 
dates and  the  respective  terms  for  which  they  are  candi- 
dates, together  with  a  square  in  front  of  each  name  and  a 
statement  at  the  head  of  each  column  of  the  number  of 
candidates  for  that  term  for  whom  the  elector  may  vote, 
and  that  the  elector  shall  indicate  his  choice  by  marking  a 
cross  in  the  square  opposite  the  name  of  each  candidate  for 
whom  he  votes,  and  not  elsewhere.    Such  ballots  shall  be 
voted  at  the  regular  city  election  and  deposited  in  a  sepa- 
rate ballot  box  to  be  provided  for  the  purpose.  Each  elector 
may  vote  for  as  many  candidates  as  there  are  members  to 
be  elected,  by  marking  a  cross  in  the  square  opposite  the 
name  of  each  candidate  for  whom  he  votes.     No  election 
officer,  challenger,  or  poll  book  holder  shall  indicate  to  any 
elector  offering  himself  to  vote  what  he  believes  or  under- 
stands to  be  the  political  affiliation  of  any  candidate  for 
school  commissioner.    The  candidates,  in  number  equal  to 
the  number  of  members  to  be  chosen,  for  the  respective 
terms  for  which  they  shall  have  been  nominated,  who  have 
the  highest  number  of  votes  of  those  cast  for  such  term, 
shall  be  declared  elected.    If  at  any  election  a  member  is 
to  be  chosen  to*  fill  a  vacancy  and  to  serve  out  an  unexpired 
term,  candidates  may  be  chosen  as  above  provided,  but 
they  shall  in  all  cases  be  nominated  or  proposed  for  such 
vacancy  and  designated  in  the  petition  and  on  the  ballot 
as  candidates  to  fill  such  vacancy,  and  the  date  of  the  ex- 
piration of  the  unexpired  term  shall  be  stated.    The  vacan- 
cies in  said  board  of  school  commissioners  shall  be  filled 
temporarily  by  the  board  as  soon  as  practicable  after  such 
vacancy  occurs.     Such  member  so  chosen  shall  hold  office 
until  his  successor  be  elected  and  qualified.    His  successor 
shall  be  elected  at  the  next  regular  city  election,  when  the 
vacancy  shall  be  filled  for  the  remainder  of  the  term.    Any 
person  violating  any  of  the  provisions  of  this  section  shall 
be  fined  upon  conviction  in  any  sum  not  exceeding  two 
hundred  dollars.    (R.  S.  1908,  §6517.) 


SCHOOL    LAW    OF    INDIANA.  173 

(As  amended,  1903,  p.  6,    See  Remester  vs.  Sullivan  36.    App.  385.) 

236.  Terms,     4.    At  the  city  election  occurring  on  the 
second  Tuesday  in  October,  1899,  five  members  of  the  board 
of  school  commissioners  shall  be  elected  to  serve  as  herein 
provided.    They  shall  assume  office  on  the  first  day  of  Janu- 
ary, 1900,  and  meet  at  the  office  of  the  present  board  of 
school  commissioners  of  such  city  at  twelve  o'clock,  noon, 
and  proceed  to  organize.   Within  one  week  after  the  organi- 
zation of  the  said  elected  board  they  shall  meet  to  divide 
themselves  by  lot,  in  such  manner  as  they  shall  determine, 
into  two  classes,  as  follows:    The  first  class,  consisting  of 
three  members,  shall  hold  office  through  the  31st  day  of  De- 
cember, 1901.    The  second  class,  consisting  of  two  members, 
shall  hold  office  through  the  31st  day  of  December,  1903. 
Thereafter,  regular  elections  of  members  of  the  board  of 
school  commissioners  shall  occur  at  the  regular  city  elec- 
tions, held  on  the  second  Tuesday  of  October  of  each  alter- 
nate year.    In  the  year  1901,  and  every  fourth  year  there- 
after, three  members  shall  be  elected.    In  the  year  1903,  and 
every  fourth  year  thereafter,  two  members  shall  be  elected. 
(R.S.  1908,  §6518.) 

237.  Organization — Treasurer.    5.    The  board  of  school 
commissioners  shall  organize  annually  at  their  first  meeting 
in  January  by  choosing  one  of  their  number  president  and 
another,  vice-president.    The  treasurer  of  the  city  shall  be 
the  treasurer  of  the  board  of  school  commissioners  and  shall 
receive  a  salary  not  to  exceed  one  thousand  five  hundred 
dollars  to  be  determined  by  the  board  of  school  commis- 
sioners.   The  treasurer  shall  make  a  monthly  report  to  the 
board  of  all  amounts  received  and  expended  during  the 
month  and  the  amount  on  hand  to  the  credit  of  the  board. 
He  shall  give  bond  to  the  approval  of  the  board  in  such  sum 
as  it  may  determine  and  with  not  less  than  two  freehold 
sureties  or  a  surety  company.     (R.   S.   1908,   §6519.     As 
air  ended  1911,  p.  528.) 

238.  Committees — Salaries — Rules.      6.      All   standing 
committees  provided  for  by  the  rules  of  said  board  shall  be 


174  SCHOOL    LAW    OF    INDIANA. 

appointed  by  the  president  within  two  weeks  after  his  elec- 
tion. All  vacancies  in  offices  directly  or  indirectly  under  the 
control  of  the  board  of  school  commissioners  shall  on  their 
occurrence  be  filled  for  the  unexpired  terms  in  the  same 
manner  as  is  prescribed  for  the  regular  appointment  or 
election :  Provided,  That  no  such  election  to  be  made  by  di- 
rect vote  of  the  board  of  school  commissioners  shall  take 
place  before  the  regular  meeting  next  subsequent  to  that  at 
which  such  vacancy  is  reported  to  said  board.  Subject  to 
the  limitations  herein  stated  said  board  shall  have  power 
to  fix  salaries  of  all  officers,  agents,  teachers,  or  other  em- 
ployes, in  the  employ  of  the  board.  Such  board  shall  adopt 
such  schedule  of  salaries  as  it  may  deem  proper;  and,  for 
this  purpose,  shall  divide  all  teachers,  principals  and  other 
employes,  into  classes  based  upon  experience  or  responsi- 
bility or  both  and  each  principal,  teacher,  or  employe  in  any 
one  of  such  classes  shall  receive  the  same  compensation 
given  to  each  of  the  other  members  of  the  same  class.  It 
shall  have  power  to  fix  the  time  of  meetings,  except  that  one 
regular  meeting  shall  be  held  each  month;  and  to  make, 
amend  and  repeal  by-laws  and  rules  for  its  procedure  and 
for  the  government  and  management  of  the  schools  and 
school  property  under  its  control.  But  the  rules  and  by- 
laws of  the  board  of  school  commissioners  superseded  by 
this  act  so  far  as  they  are  not  inconsistent  with  the  pro- 
visions hereof  shall  remain  in  force  and  be  binding  upon 
the  board  of  school  commissioners  until  such  time  as  it  shall 
adopt  new  rules  and  by-laws  to  supersede  them.  (R.  S. 
1908,  §6520.  As  amended  1911,  p.  528.) 

239.  Legislative  act  —  Director's  approval.  7.  Everv 
legislative  act  of  the  said  board  shall  be  by  written  resolu- 
tion. Every  resolution  involving  an  expenditure  of  money 
or  the  approval  of  a  contract  for  the  payment  of  money,  or 
for  the  purchase,  sale,  lease  or  transfer  of  property,  or 
levying  any  tax,  shall,  before  it  takes  effect,  and  at  least 
five  days  before  the  next  regular  meeting,  be  presented, 
duly  certified  by  the  secretary,  to  the  business  director  for 
approval.  The  director,  if  he  approves  such  resolution. 


SCHOOL    LAW    OF    INDIANA-  175 

shall  sign  it;  but  if  he  does  not  approve  it  he  shall  return 
the  same  to  the  board  at  its  next  regular  meeting,  with  his 
objections,  which  the  board  shall  enter  in  full  upon  its 
journal,  and  if  he  does  not  return  the  same  within  the  time 
above  limited,  it  shall  take  effect  in  the  same  manner  as 
if  he  had  signed  it:  Provided,  That  the  director  may  ap- 
prove or  disapprove  the  whole,  or  any  item  or  part  of  any 
such  resolution.  When  the  director  refuses  to  sign  any 
resolution  or  part  thereof,  and  returns  it  to  the  commis- 
sioners with  his  objections,  the  board  shall  forthwith  pro- 
ceed to  reconsider  it;  and  if  the  same  is  approved  by  the 
votes  of  at  least  three  commissioners,  it  shall  then  take 
effect  as  if  it  had  received  the  signature  of  the  director, 
and  in  all  such  cases  the  votes  shall  be  taken  by  yeas  and 
nays,  and  entered  on  the  records  of  the  board.  (R.  S.  1908, 
§6521.) 

240.  Officers  and  teachers — Examination.    8.    The  board 
shall  have  power  to  determine    the   number    of   assistant 
superintendents,  supervisors,  teachers  and  employes,  and 
prescribe  their  duties  and  fix  their  compensation.    The  said 
board  shall  provide  rules  for  the  management  and  mainte- 
nance of  the  public  library,  and  appoint  an  advisory  com- 
mittee to  aid  in  the  selection  of  books  for  the  same,  and  to 
advise  in  all  other  matters  pertaining  to  the  library.    The 
board  shall  adopt  rules  for  obtaining,  by  open  competition 
and  without  regard  to  religious  or  political  beliefs,  eligible 
lists  from  which  all  teachers  and  all  other  employes,  ex- 
cept the  superintendent,  the  assistant  superintendent,  the 
principal  of  the  normal  school,  the  supervisors,  and  the 
principals  of  the  high  schools,  shall  be  elected  with  regard, 
exclusively,  to  fitness.    (E.  S.  1908,  §6522.) 

241.  Business  Director — Duties.    9.    At  their  first  regu- 
lar meeting  in  April,  1913,  and  each  four  years  thereafter 
the  commissioners  shall  elect  a  superintendent  of  schools,  a 
business  director,  a  secretary,  a  librarian  and  a  superintend- 
ent of  buildings  and  grounds  who  shall  serve  for  four  years 
from  the  date  of  their  election  and  shall  be  removable  at 


176  SCHOOL    LAW    OF    INDIANA. 

any  time  by  a  vote  of  -three  members  of  said  board  of  school 
commissioners.  The  business  director  shall  be  the  executive 
officer  of  the  board.  He  shall  execute  for  the  board  of  school 
commissioners  in  the  name  of  the  school  city  its  contracts 
and  obligations,  except  that  bonds  issued  shall  be  signed 
by  the  president  and  attested  by  the  secretary ;  he  shall  see 
that  all  contracts  made  by  or  with  the  board  shall  be  fully 
and  faithfully  performed;  he  shall  have  the  care  and  cus- 
tody of  all  property  of  the  school  board  not  otherwise  speci- 
fied and  provided  for;  he  shall  purchase  all  supplies  subject 
to  the  rules  of  the  board  or  the  provisions  of  this  act;  and 
generally  shall  execute  and  carry  into  effect  all  matters 
and  things  authority  for  which  shall  have  previously  been 
granted  by  the  board  as  herein  provided.  (E.  S.  1908, 
§6523.  As  amended  1911,  p.  528.) 

242.  Superintendent,  Librarian,  et  al. — Duties.  10.  The 
superintendent  of  schools  shall  have  the  power  to  appoint 
and  discharge  all  principals,  supervisors,  assistants  and 
teachers  authorized  by  the  board  subject  to  the  limitations 
of  this  act  stated  and  shall  report  to  the  board  annually  and 
oftener  if  required  as  to  all  matters  under  his  supervision: 
Provided,  That  the  board  of  school  commissioners  shall  ap- 
prove of  the  appointment  of  assistants,  principals,  super- 
visors and  teachers  unless  four  of  such  members  disapprove 
of  the  same.  He  may  be  required  by  the  board  to  attend 
any  or  all  of  its  meetings  and  may  take  part  in  the  delibera- 
tions but  shall  not  vote.  He  shall  select  and  report  to  the 
board  all  charts,  maps,  text-books  and  apparatus  to  be  used 
in  the  schools  of  the  said  city  except  the  high  schools,  nor- 
mal and  manual  training  schools,  conforming  however  so  far 
as  may  be  to  the  provisions  of  the  general  law  of  the  State 
of  Indiana,  governing  school  books.  In  like  manner  he  shall 
report  to  the  board  all  text-books,  maps,  charts  and  appa- 
ratus to  be  used  in  the  high  schools,  normal  and  manual 
training  schools,  which  charts,  maps,  text-books  and  appa- 
ratus shall  have  first  been  selected  by  a  committee  consist- 
ing of  said  superintendent  of  the  schools,  the  principal  of 
the  high  schools,  the  principal  of  the  normal  school,  the  prin- 


SCHOOL   LAW    OF   INDIANA.   *  177 

cipal  of  the  manual  training  school  and  the  head  of  each  de- 
partment in  which  such  maps,  charts,  text-books  or  appa- 
ratus is  to  be  used.  The  librarian  shall  have  charge  of  all 
libraries  under  control  of  the  school  board  and  shall  recom- 
mend to  the  board  for  purchase,  after  the  approval  of  the 
library  advisory  committee,  all  books,  maps  and  charts,  and 
such  other  things  as  are  necessary  for  the  equipment  and 
maintenance  of  the  libraries.  The  librarian  shall  employ 
and  discharge  all  assistant  librarians  and  other  employes 
employed  in  and  around  such  library  buildings  subject  to 
the  limitations  of  this  act  stated  and  not  otherwise  provided 
for,  and  shall  report  monthly  and  annually  and  oftener  if 
required  as  to  all  matters  under  the  supervision  of  such  of- 
fice. The  secretary  of  the  board  shall  keep  all  records  and 
documents  belonging  to  the  school  board  and  shall  attend 
each  meeting  of  the  board  and  transcribe  a  true  record  of 
all  its  proceedings  and  report  upon  all  things  coming  under 
the  supervision  of  his  office.  He  shall  receive  a  salary  not 
to  exceed  two  thousand  five  hundred  dollars  per  year  to  be 
fixed  by  the  board  of  school  commissioners.  The  superin- 
tendent of  buildings  and  grounds  shall  be  either  a  sanitary 
engineer  or  shall  be  skilled  in  and  previously  engaged  in  the 
business  of  heating,  drainage  and  ventilation.  He  shall  take 
personal  supervision  of  all  heating,  ventilation,  plumbing 
and  drainage  of  all  school,  library  and  other  buildings 
owned  or  used  by  the  board  of  school  commissioners  either 
in  use,  or  in  the  course  of  erection  or  to  be  hereafter  erected 
by  the  board.  He  shall  see  that  each  janitor,  custodian  or 
engineer  or  other  person  employed  in  like  capacity  in  or 
about  such  buildings  shall  be  properly  instructed  in  the  care 
of  such  boilers,  furnaces,  pipes,  electric  wires,  ventilators 
and  other  similar  things  as  may  fall  under  their  charge.  He 
shall  appoint  and  discharge  all  engineers,  janitors  or  other 
persons  employed  in  or  about  such  buildings  subject  to  the 
limitations  of  this  act  stated  and  not  otherwise  provided  for. 
He  shall  report  monthly,  annually  and  oftener  if  required  by 
the  board  concerning  the  things  under  supervision  of  his  of- 

[12—27277] 


378 


SCHOOL    LAW    OF    INDIANA. 


fice.  He  shall  receive  a  salary  not  to  exceed  $2,000  per  an- 
num to  be  fixed  by  the  board  of  school  commissioners.  All 
other  employes  of  the  school  board  shall  be  appointed  by 
the  business  director  subject  to  the  limitations  of  this  act 
stated.  He  shall  report  to  the  board  monthly,  annually  or 
oftener  as  required  by  the  board  concerning  the  things  un- 
der the  supervision  of  his  office.  He  shall  attend  all  meet- 
ings of  the  board  and  may  take  part  in  the  deliberations  sub- 
ject to  the  rules  but  shall  not  vote.  A  majority  of  the  entire 
board  shall  be  necessary  to  elect  or  remove  any  officer  elect- 
ed by  the  board  of  school  commissioners  as  herein  provided, 
and  the  officer  so  removed  shall  not  be  eligible  for  re-election 
in  any  capacity  for  two  years.  The  superintendent  of 
schools,  the  business  director,  the  secretary,  the  librarian 
and  the  superintendent  of  buildings  and  grounds  shall  take 
oaths  similar  to  the  oath  herein  prescribed  for  school  com- 
missioners in  so  far  as  is  applicable,  before  taking  office 
(R,  S.  1908,  §6524.  As  amended  1911,  p.  528.) 

243.  Appointment  or  Discharge — Reports.  11.  All  ap- 
pointments or  discharges  of  assistant  superintendents,  prin- 
cipals, supervisors,  teachers,  librarians,  janitors,  or  any 
other  employe  of  the  chool  board  shall  be  reported  at  the 
meeting  of  the  board  next  succeeding  the  date  of  such  dis- 
charge by  the  officer  making  such  discharge  and  shall  be 
subject  to  the  approval  of  a  majority  of  the  board.  In  case 
any  employe  of  the  board  shall  file  in  writing  a  request  with 
the  secretary  for  a  hearing  by  the  board  of  charges  brought 
against  him  by  any  officer  or  employe  or  other  person,  op- 
portunity shall  be  given  for  appeal  to  the  board  before 
final  action  is  taken,  provided  such  application  for  appeal  is 
presented  at  the  same  meeting  that  notice  of  charges  or  dis- 
missal has  been  made.  In  such  case  the  board  shall  consider 
the  appeal  not  later  than  the  next  regular  meeting  at  which 
notice  of  appeal  was  filed.  Any  such  discharge  shall  oper- 
ate as  a  suspension  only,  until  approved  by  the  board.  (R. 
S.  1908,  §6525.  As  amended  1911,  p.  528.) 


SCHOOL    LAW    OF    INDIANA-  179 

244.  Director's  duties  —  Bond.     12.     The  business  di- 
rector shall  devote  his  entire  time  to  the  duties  of  his  office, 
and  shall  receive  an  annual  salary  not  to  exceed  three  thou- 
sand dollars,  to  be  fixed  by  the  board,  payable  monthly  out 
of  the  fund  of  the  school  city ;  and  before  entering  upon  the 
discharge  of  the  duties  of  his  office  he  shall  give  a  bond  for 
the  faithful  performance  thereof  in  the  sum  of  ten  thou- 
sand dollars,  with  not  fewer  than  two  sureties,  or  a  surety 
company,  to  be  approved  by  the  board,  which  bond  shall 
be  deposited  with  the  secretary  within  ten  days  from  date 
of  election,  and  preserved  by  him.     (R.  S.  1908,  §6526.) 

245.  Auditor  of  school  board.    13.    The  city  comptroller 
shall  be  the  auditor  of  the  board  of  school  commissioners 
of  such  school  city.    He  shall  keep  an  accurate  account  of 
all  taxes  levied  for  school  purposes,  and  of  all  moneys  due 
to,  received  and  distributed  by  the  board ;  also  of  all  assets 
and  liabilities  of,  and  all  appropriations  made  by  the  school 
board,  and  shall  receive  and  preserve  all  vouchers  for  pay- 
ments and  disbursements  made  by  the  board.     (R.  S.  1908. 
§6527.) 

246.  Warrants.    14.    The  auditor  of  the  board  shall  issue 
all  warrants  for  the  payment  of  money  from  the  school 
funds,  but  no  warrant  shall  be  issued  for  the  payment  of 
any  claim  until  such  claim  has  been  allowed  by  the  board 
and  approved  in  writing  by  the  business  director ;  but  when 
the  board  has  authorized  the  payment  of  money,  notwith- 
standing his  veto,  the  business  director  shall  approve  the 
same.     The  pay-roll,  however,    for    assistants,    principals 
and  supervisors  in  the  school  work  and  teachers,  shall  be 
allowed  by  the  board  and  approved  by  the  superintendent 
of  schools  instead  of  by  the  director.    (R.  S.  1908,  §6528.) 

2477  Evidence  of  indebtedness.  15.  Whenever  the  audi- 
tor of  said  board  shall  be  called  upon  to  issue  any  warrant, 
he  shall  have  power  to  require  evidence  that  the  amount 
claimed  is  justly  due  and  is  in  conformity  with  the  law,  and 
for  that  purpose  he  may  summon  before  him  any  officer, 


180  SCHOOL    LAW    OF   INDIANA. 

agent  or  employe  of  the  board,  or  any  other  person,  and 
examine  him  on  oath  or  affirmation  relative  thereto,  which 
oath  or  affirmation  he  may  administer,  (R.  S.  1908,  §6529.) 

248.  Illegal  warrant — Liability.    16.    If  the  auditor  of 
said  board  shall  draw  a  warrant  for  any  claim  contrary  to 
law,  he  and  his  sureties  shall  be  individually  liable  for  the 
amount  of  the  same.    (R.  S.  1908,  §6530.) 

249.  Appropriation  necessary.    17.    No  money  shall  be 
drawn  from  the  treasury  except  in  pursuance  of  appropria- 
tions made  by  the  board  upon  an  aye  and  nay  vote  duly 
recorded,  and  whenever  an  appropriation  is  made  by  the 
board  the  secretary  shall  forthwith  give  notice  thereof  to 
the  auditor  and  treasurer.    No  appropriation  shall  be  made 
for  a  longer  period  than  to  the  end  of  the  current  year  end- 
ing June  30,  and  at  the  end  of  such  year  all  the  unexpended 
balances  of  all  appropriations,  except    from    the    tuition 
fund,  shall  be  covered  into  the  special  school  fund  as  an 
addition  thereto.    (R.  S.  1908,  §6531.) 

250.  Auditor's  reports-Bond— Pay.     18.     The  auditor 
shall  submit  to  the  commissioners  annually,  and  oftener  if 
required  by  them,  a  report  of  the  accounts  of  the  board, 
verified  by  his  oath,  exhibiting  the  revenues,  receipts,  dis- 
bursements, assets  and  liabilities,  the  sources  from  which 
the  revenues  and  funds  are  derived,  and  in  what  manner 
the  same  have  been  disbursed.    He  shall  give  bond  for  the 
faithful  discharge  of  his  duties  in  the  sum  of  five  thousand 
dollars   ($5,000),  with  not  fewer  than  two  sureties,  or  a 
surety  company,  to  the  approval    of    the    commissioners, 
which  bond  shall  be  filed  with  the  secretary.    The  auditor 
of  the  said  board  shall  receive  no  compensation  for  his 
services  as  auditor,  but  the  board  shall  provide  for  the  ap- 
pointment of  such  assistants  for  such  auditor  as  it  shall 
deem  necessary  and  fix  their  compensation,  which  shall  be 
paid  monthly  out  of  the  school  funds;  but  such  assistants 
shall  be  appointed  by  the  auditor.    The  time  of  such  assist- 
ant or  assistants  shall  be  at  the  command  of  the  board  to 


SCHOOL    LAW    OF    INDIANA.  181 

render  such  services  in  addition  to  those  already  prescribed 
by  law  as  the  board  shall  require.  (E.  S.  1908,  §6532.  As 
amended  1905,  p.  155.) 

251.  Accountants.    19.    At  the  close  of  each  year  ending 
June  30,  the  mayor  of  such  city  shall  appoint  one  or  more 
expert  accountants,  who  shall  examine  the  books,  accounts 
and  vouchers  of  the  director,  the  treasurer  and  of  all  other 
departments  of  expenditure  of  said  board  and  of  the  libra- 
rian provided  for  herein,  and  shall  make  report  thereof 
to  the  mayor  and  to  the  board  of  school  commissioners  of 
said  city.    All  the  officers  and  employes  of  said  board  shall 
produce  and  submit  to  such  accountants  for  examination 
all  books,  papers,  documents,  vouchers    and    accounts  in 
their  offices  belonging  to  the  same  or  thereto  pertaining, 
and  shall  in  every  way  assist  said  accountants  in  their 
work.    In  the  report  to  be  made  by  said  accountants,  they 
may  make  any  recommendations  they  deem  proper  as  to 
the  business  methods  of  such  officers  and  employes.    A  rea- 
sonable compensation  for  such  services  shall  be  paid  by 
said  board,     (R.  S.  1908,  §6533.) 

252.  Payments  to  treasurer.    20.    All  money  payable  to 
the  board  shall  be  paid  to  the  treasurer  and  his  receipt  for 
the  same  shall  be  filed  with  the  auditor  of  said  board,  who 
shall  issue  his  quietus  therefor,  which  alone  shall  be  suffi- 
cient evidence  of  such  payment.     No  person    except    the 
treasurer  shall  collect  or  receive  any  moneys  payable  to 
the  board  and  any  payments  made,  except  to  such  treas- 
urer, and  any  receipt  given  therefor  by  any  other  person 
shall  be  void  as  against  the  board.    (R.  S.  1908,  §6534.) 

253.  Contracts,  appropriation  for  necessary.     21.     No 
contract,  agreement  or  obligation  shall  be  binding  upon  the 
board  unless  an  appropriation  therefor  shall  have  been 
first  made  by  it.    It  shall  be  unlawful  for  any  commissioner 
or  officer  chosen  by  the  board  of  school  commissioners  in 
any  manner,  directly  or  indirectly,  to  profit  by  or  be  inter- 
ested in  any  contract  of  said  board,  and  any  person  con- 


182  SCHOOL    LAW    OF    INDIANA. 

victed  of  a  violation  of  this  section  shall  be  fined  in  any 
sum  not  less  than  one  hundred  nor  more  than  one  thousand 
dollars  and  expelled  from  office.  (11-.  S.  1908,  §6535.) 

254.  Contracts  to  be  in  writing — Supplies.  .22.  All  con- 
tracts involving  more  than  two  hundred  dollars  ($200.00) 
in  amount  shall  be  in  writing,  executed  in  the  name  of  the 
school  city,  by  the  business  director  and  approved  by  the 
board.  When  money  therefor  has  been  appropriated  by 
the  commissioners,  the  business  director  may  make  con- 
tracts and  purchases  not  exceeding  two  hundred  dollars 
($200.00)  in  amount  at  any  one  time,  but  all  such  contracts 
shall  be  reported  at  its  next  regular  meeting  to  the  board, 
and  if  disapproved  by  a  four-fifths  vote  of  said  board  at 
its  succeeding  regular  meeting,  such  director  shall  be  re- 
sponsible therefor  upon  his  bond.  No  purchase  of  sup- 
plies or  of  materials  of  any  kind  shall  be  made  from  any 
one  person,  firm  or  corporation  in  any  year  to  the  amount 
in  the  aggregate  of  more  than  two  hundred  dollars  ($200), 
except  upon  bids  duly  advertised  for  and  accepted.  The 
board  shall  determine  the  mode  and  manner  of  advertising 
for  bids  for  supplies.  (R.  S.  1908,  §6536.) 

.  255.  Bids  for  school  house.  23.  When  the  board  deter- 
mines to  build  or  enlarge  a  school  house,  or  make  any  im- 
provements or  repairs  thereon,*  the  cost  of  which  shall  ex- 
ceed five  hundred  dollars  ($500),  the  business  director 
shall  advertise  weekly  for  bids  for  a  period  of  three  weeks, 
beginning  at  least  twenty-one  days  before  the  opening  of 
the  bids.  The  advertisement  shall  be  inserted  in  two  news- 
papers of  general  circulation  in  the  city,  and  shall  be  en- 
tered in  full  in  the  records  of  the  board.  The  bids  duly 
sealed  shall  be  presented  to  the  board  at  the  time  fixed  in 
the  advertisement  for  bids,  at  which  time  the  board  shall 
meet,  and  none  shall  be  received  after  that  hour,  and  they 
shall  immediately  be  opened  by  the  business  director,  be 
publicly  read  by  the  secretary  and  be  immediately  there- 
after entered  in  full  in  the  records  of  the  board.  The  board 
shall  provide  by  general  rules  the  conditions  of  all  bids, 


SCHOOL    LAW    OF    INDIANA.  183 

but  none  but  the  lowest  responsible  bids  shall  ever  be  ac- 
cepted. The  business  director  may,  at  his  discretion,  reject 
all  bids,  and  whenever  there  is  any  reason  to  suspect  col- 
lusion, the  bids  of  all  concerned  therein  shall  be  rejected. 
If  the  amount  of  the  expenditure  does  not  exceed  two  thou- 
sand five  hundred  dollars  ($2,500),  two  weeks'  notice  shall 
be  sufficient.  (R.  S.  1908,  §6537.  As  amended  1905,  p.  155.) 

256.  Funding  indebtedness.  24.  The  board  of  school 
commissioners  of  any  such  city  in  which  an  indebtedness 
exists  a«t  the  time  of  the  passage  of  this  act  of  eight  hun- 
dred thousand  dollars  ($800,000)  or  more,  is  hereby  au- 
thorized and  empowered  to  fund  such  indebtedness  to  the 
extent  of  eight  hundred  thousand  dollars,  and  for  that  pur- 
pose said  board  of  school  commissioners  is  hereby  author- 
ized and  empowered  to  issue  and  sell  its  bonds  in  such  sums 
and  denominations  as  such  board  may  deem  advisable,  to 
realize  moneys  with  which  to  pay  such  existing  indebted- 
ness ;  such  bonds  to  bear  interest  at  not  exceeding  the  rate 
of  four  per  cent,  per  annum,  payable  semi-annually,  to  be 
sold  for  not  less  than  their  par  value,  and  to  run  for  a 
term  of  not  exceeding  thirty  years  from  January  1,  1902. 
The  maturing  of  such  bonds  shall  be  so  arranged  that  there 
shall  mature  in  each  of  the  ten  years,  commencing  with  the 
year  1902,  at  least  the  sum  of  twenty-five  thousand  dollars, 
and  in  each  of  the  next  ten  years  the  sum  of  thirty  thousand 
dollars,  and  in  each  of  the  next  ten  years  the  sum  of  thirty- 
five  thousand  dollars  of  the  principal  of  the  debt  of  said 
school  corporation,  including  in  such  debt  not  only  such 
bonded  indebtedness,  but  also  any  other  indebtedness  of 
such  school  corporation  which  may  be  in  existence  when 
this  act  is  passed.  Such  bonds  may  be  issued  from  time  to 
time  as  the  maturity  of  the  present  indebtedness  may  re- 
quire :  Provided,  That  not  more  than  eight  hundred  thou- 
sand dollars  of  such  bonds  in  the  aggregate  shall  be  issued, 
or,  if  the  board  of  school  commissioners  shall  so  determine, 
such  bonds  may  all  be  sold  at  one  time  with  the  contract 
upon  the  part  of  the  purchasers  to  furnish  at  stated  fut- 
ure times  so  much  of  the  proceeds  thereof  as  may  be  de- 


184  SCHOOL    LAW    OF    INDIANA. 

sired  to  take  up  obligations  rot  then  due.  fto  bonds  shall 
be  delivered  until  the  money  therefor  is  paid  to  the  treas- 
urer of  said  school  corporation,  and  interest  shall  not  be- 
gin to  accrue  until  such  delivery.  The  board  of  school 
commissioners  shall,  preparatory  to  offering  such  bonds 
for  sale,  give  notice  for  not  less  than  four  weeks  prior  to 
the  date  fixed  for  such  sale,  together  with  a  description 
of  such  bonds  and  such  offer,  and  invite  bids  therefor; 
such  notice  to  be  given  by  advertisement  twice  each  week 
in  at  least  one  daily  newspaper  published  in  the  city  of 
Indianapolis  and  in  one  newspaper  published  in  the  city 
of  New  York,  and  by  such  other  advertisements  as  the 
board  may  determine  upon.  Such  board  shall  sell  such 
bonds  to  the  highest  and  best  bidder:  Provided,  Said 
board  shall  have  the  right  to  reject  any  and  all  bids.  The 
proceeds  arising*  from  the  sale  of  such  bonds  shall  be  used 
for  no  other  purpose  than  the  payment  of  such  present  in- 
debtedness, and  no  more  bonds  shall  be  issued  than  is  nec- 
essary for  that  purpose.  (K,  S.  1908,  §6538.) 

257.  Tax  levy.  25.  The  board  of  school  commissioners 
in  any  such  city  is  hereby  authorized  and  empowered  to 
levy  annually,  in  addition  to  other  taxes  authorized  by  law, 
a  special  tax  of  not  exceeding  five  cents  on  each  one  hun- 
dred dollars  of  taxable  property  in  the  city  for  the  pur- 
chase of  real  estate  and  the  erection  and  improvement  of 
school  buildings.  The  proceeds  of  such  tax  shall  be  segre- 
gated from  other  funds  of  the  board,  and  a  separate  ac- 
count of  the  same  shall  be  kept,  and  shall  not  be  used  for 
any  other  purpose  than  the  purchase  of  real  estate  and  the 
erection  and  improvement  of  buildings  for  school  uses.  The 
said  board  is  hereby  authorized  to  levy  annually,  in  addi- 
tion to  all  other  taxes  authorized  by  law,  and  as  an  addi- 
tion to  its  special  fund,  twenty-seven  cents  on  each  one  hun- 
dred dollars  of  taxable  property  in  the  city,  which  levy  shall 
within  such  limit  be  large  enough  to  insure  the  payment  of 
all  interest  to  accrue  on  the  real  estate  and  improvement 
bonds  to  be  issued  under  the  provisions  of  the  said  act,  to 
which  this  is  an  amendment  and  to  keep  school  property  in 


SCHOOL    LAW    OF    INDIANA.  185 

repair.  Out  of  the  Last  above  levy  by  this  section  author- 
ized provision  shall  be  made  for  the  payment  in  cash  from 
year  to  year  and  the  final  retirement  of  such  maturing  in- 
debtedness and  the  payment  of  such  interest  charges  as  are 
not  payable  out  of  other  funds  of  such  board  and  are  not 
properly  chargeable  to  any  such  other  fund:  Provided, 
That  the  aggregate  sum  levied  by  such  board  for  all  pur- 
poses shall  not  exceed  in  any  one  year  sixty-seven  cents  on 
each  one  hundred  dollars  of  taxable  property  in  said  city, 
and  said  sum  of  sixty-seven  cents  shall  include  all  sums  to 
be  levied  by  said  board  in  pursuance  of  any  other  existing 
law  on  account  of  free  kindergartens,  compulsory  educa- 
tion, or  any  other  purpose.  (R.  S.  1908,  §6539.  As  amended 
1907,  p.  257.) 

258.  School  law  in  force.    26.    The  general  school  laws 
of  this  state  and  all  laws  and  parts  of  laws  applicable  to  the 
general  system  of  common  schools  in  such  school  city  and 
not  inconsistent  herewith,  shall  be  in  full  force  and  effect  in 
such  city.    (R.  S.  1908,  §6540.) 

259.  Old  school  board.    27.    The  existing  board  of  school 
commissioners  in  any  city  coming  within  this  act  shall  con- 
tinue in  office  until  January  first,  1900,  and  any  such  exist- 
ing board  shall  until  then  exercise  all  the  powers  which  it 
now  possesses  under  the  legal  limitations  now  existing,  and 
in  addition  thereto  it  shall  have  power  to  make  the  addi- 
tional levies  herein  authorized  and  to  issue  bonds  as  herein 
provided.    When  the  board  herein  provided  for  shall  have 
been  elected  and  qualified,  the  possession,  control  and  man- 
agement of  all  property,  real  and  personal,  including  all 
moneys,  books,  records,  papers    and    documents,    and    all 
rights  and  claims  of  every  kind  and  nature  then  held  by 
the  board  of  school  commissioners  of  such  city,  or  by  other 
school  authorities,  shall  vest  in  and  be  transferred  to  the 
board   of   school   commissioners   hereby   created   without 
other  transfer,  to  the  same  extent  and  with  as  full  interest 
as  the  same  had  been  theretofore  held  by  the  existing  board 
of  school  commissioners  or  other  school  authorities ;  and  all 


186  SCHOOL    LAW    OF    INDIANA. 

valid  indebtedness  and  obligations  of  the  existing  board  of 
school  commissioners,  or  of  such  school  city,  shall  be  paid 
by  the  respective  boards  of  school  commissioners  hereby 
created,  and  said  boards  of  school  commissioners  are  hereby 
authorized  to  maintain  and  defend  all  suits  in  the  name  of 
the  school  city  for  which  they  may  be  elected.  (E.  S 
1908,  §6541.) 

260.  Limit  of  debt.    28.    The  said  board  of  school  com- 
missioners shall  not  have  the  power  to  create  any  debt 
other  than  funding  obligations,  and  the  real  estate  and  im- 
provement bonds  provided  for  by  this  act  and  by  the  other 
sections  of  the  act  'which  it  amends,  in  excess  of  the  sum  of 
twenty-five  thousand  dollars  in  the  aggregate,  save  as  pro- 
vided in  section  29  of  the  act  which  this  act  amends  and 
except  that  it  shall  be  liable  upon  its  lawful  contracts  for 
the  ordinary  current  expenses  of  its  schools  and  library  to 
the  persons  rendering  services    and    furnishing  materials 
therefor,  when  contracts  are  entered  into  as  herein  pro- 
vided in  accordance  with  the  law,  but  said  board  shall  not 
have  any  power  to  borrow  money  to  pay  such  obligations 
so  as  to  create  a  debt  in  excess  of  said  twenty-five  thousand 
dollars  to  others  than  to  such  persons  so  rendering  services 
or  furnishing  materials,  and  any  contract  or  obligation  that 
may  be  issued  in  contravention  of  the  provisions  of  this 
section  shall  be  void.     Obligations    to   persons    rendering 
services  or  furnishing  materials  to  said  board  of  school 
commissioners  in  the  current  conduct  of  such  schools  and 
library  will  not  be  considered  as  a  part  of  the  twenty-five 
thousand  dollars  of  indebtedness  above  authorized.     (E.  S. 
1908,  §6542.    As  amended  1903,  p.  45.) 

[1903.  p.  5.    Approved  January  29,  1903.] 

261.  Real  estate  and  improvement  bonds.     Section  4. 
The  board  of  school  commissioners  in  any  city  having  a 
population  of  more  than  one  hundred  thousand  (100,000) 
according  to  the  last  preceding  United  States  census  is  here- 
by authorized  and  empowered  to  issue  and  sell  bonds  of 
such  school  city  in  such  amounts  and  denomination  as  such 


SCHOOL    LAW    OF    INDIANA.  187 

(school)  board  may  deem  advisable  to  realize  money  for 
school  uses  with  which  to  purchase  real  estate,  erect  build- 
ings, and  equip  buildings  for  lighting,  heating  and  sanita- 
tion. Such  bonds  shall  be  known  as  school  real  estate  and 
improvement  bonds.  They  shall  bear  interest  at  a  rate  not 
exceeding  four  per  cent,  per  annum  payable  semi-annually; 
shall  l:e  sold  at  not  less  than  par  and  shall  mature  as  nearly 
as  may  be  at  the  rate  of  fifty  thousand  dollars  ($50,000)  per 
year,  commencing  to  mature  on  the  first  day  of  July  thirty- 
two  years  from  the  year  of  the  issue  of  the  first  bonds  issued 
under  the  authority  conferred  by  this  section.  Such  bonds 
may  be  issued  from  time  to  time  as  the  needs  of  the  schools 
of  such  cities  shall  require:  Providing,  That  no  bonds  shall 
be  issued  in  any  one  calendar  year  in  excess  of  the  bonded 
indebtedness  which  said  board  of  school  commissioners 
shall  retire  by  payment  during  the  same  calendar  year.  No 
bonds  shall  be  delivered  until  the  money  therefor  is  paid  to 
the  treasurer  of  said  board  and  interest  shall  not  begin  to 
accrue  until  such  delivery.  Preparatory  to  offering  such 
bonds  for  sale  the  board  of  school  commissioners  shall  give 
notice  of  not  less  than  three  weeks  of  the  date  fixed  for  the 
sale  of  such  bonds  with  the  description  thereof  and  of  such 
offer  and  inviting  bids  therefor,  such  notice  to  be  given  by 
advertisement  each  week  in  at  least  one  newspaper  pub- 
lished in  the  city  of  Indianapolis  and  one  newspaper  pub- 
lished in  the  city  of  New  York  and  such  other  advertise- 
ments as  the  board  may  make.  Such  board  shall  sell  such 
bonds  to  the  highest  and  best  bidder,  reserving  the  right, 
however,  to  reject  any  and  all  bids.  The  proceeds  arising 
from  such  sale  shall  be  used  for  no  other  such  purpose  than 
the  purchase  of  real  estate  and  the  erection  of  buildings, 
improvements,  alterations  and  repairs  upon  the  real  estate 
of  such  school  city.  (R.  S.  1908,  §6548.  As  amended  1907, 
p.  257.) 

262.  Purchase  of  grounds  and  buildings.  29.  Said 
board  of  school  commissioners  may,  notwithstanding  the 
provisions  of  the  above  section  28,  in  the  manner  author- 
ized by  law,  make  contracts  for  the  purchase  of  grounds  for 


188  SCHOOL    LAW    OF    INDIANA- 

school  buildings  and  for  the  erection  of  new  school  build- 
ings, and  give  its  obligations  therefor  or  for  the  money  to 
pay  for  the  same:  Provided,  That  the  amount  of  such  obli- 
gations outstanding  at  any  time  shall  not  exceed  five  cents 
on  the  one  hundred  dollars  of  all  the  taxable  property  of 
said  city  as  ascertained  by  the  last  preceding  assessment, 
and  any  such  contract  or  obligation  which  would  cause  the 
aggregate  of  the  outsanding  obligations  or  contracts  for 
such  purpose  to  exceed  the  limits  above  specified,  shall  as 
to  such  excess  be  void.  In  estimating  the  amount  of  such 
obligations,  those  obligations  which  shall  be  in  force  at 
the  time  this  law  shall  go  into  effect,  or  the  funding  re- 
newals thereof,  shall  not  be  taken  into  consideration.  (K. 
S.  1908,  §6543.) 

263.  Eminent  domain,  may  exercise.     30.    In  case  the 
compensation  to  be  paid  for  the  purchase  of  any  real  estate 
required  by  said  board  for  its  said  school  city  can  not  be 
agreed  upon  or  determined  between  said  board  of  school 
commissioners  and  the  parties  interested  in  the  land  desired 
for  school  sites,  then  the  board  of  school  commissioners 
shall  have  the  power  of  eminent  domain,  and  it  shall  be 
its  duty  to  proceed  to  have  such  compensation  determined, 
and  acquire  title  thereto  in  the  manner  provided  for  by 
sections  4517,  4518  and  4519  of  the  revised  statutes  of  1881. 
(R.  S.  1908,  §6544.) 

264.  Removal  of  commissioner.     31.     Any  member  of 
the  board  of  school  commissioners  may  be  removed  upon 
petition  of  ten  residents  of  said  city  to  the  superior  or  cir- 
cuit court  of  said  county  in  which  said  city  is  located,  upon 
proof  of  either  official  misconduct  in  office  or  negligence  of 
official  duties,  or  of  conduct  in  any  manner  connected  with 
his  official  duties  or  otherwise  which  attaches  discredit  to 
such  office  or  the  school  system,  or  for  mental  or  physical 
inability  to  perform  his  duty  as  such  member,  but  before 
such  removal  he  shall  receive  five  days'  notice  of  the  filing 
of  such  charges,  together  with  a  copy  thereof.    Such  hear- 
ing shall  be  had  promptly  and  without  the  formation  of  any 


SCHOOL   LAW    OF   INDIANA.  189 

issues  thereon,  but  said  charges  shall  be  regarded  as  de- 
nied.   (R.  S.  1908,  §6545.) 

265.  Levy  to  pay  debts.    32.    It  shall  be  the  duty  of  said 
board  of  school  commissioners  at  the  regular  time  for  mak- 
ing the  levy  of  taxes  to  make  a  special  levy  of  an  amount 
sufficient  to  realize  the  sum  by  this  act  required  to  be  paid 
upon  the  principal  of  its  indebtedness  during  the  ensuing 
year,  and  the  proceeds  of  such  levy  shall  be  applied  to  no 
other  purpose  than  the  payment  of  such  indebtedness.  This 
levy  shall  be  made  as  a  part  of  the  levy  now  authorized  by 
law,  and  this  section  shall  not  permit  the  levy  of  any  addi- 
tional tax  over  and  above  those  which  said  board  would 
otherwise  be  authorized  to  levy.    (R.  S.  1908,  §6546.) 

266.  Subsequent   censuses.     33.     Whenever   any   city 
which  has  not  now  sufficient  population  to  bring  it  within 
the  purview  of  this  act  shall,    according   to    any   United 
States  census  hereafter  taken,  have  a  population  of  more 
than  one  hundred  thousand  people,  an  election  of  the  board 
of  school  commissioners  shall  be  held  at  the  next  general 
city  election  following  the  year  in  which  such  census  shall 
be  taken.    Such  election  to  be  held  in  accordance  with  the 
provisions  of  this  act,  and  this  act  shall  then  in  all  respects 
apply  to  and  govern  such  city  from  thenceforward.     (R.  S. 
1908,  §6547.) 

[1891,  p.  348.    Approved  March  7,  1891. J 

267.  Manual  training  schools.     1.    In  all  cities  of  the 
state  of  Indiana  having  a  population  of  one  hundred  thou- 
sand or  over,  as  shown  by  any  census  taken,  by  lawful 
authority,  it  shall  be  lawful  for  the  board  of  school  commis- 
sioners, or  other  school  authorities  having  charge  and  man- 
agement of  the  common  schools  of  said  city,  to  establish  in 
connection  with  and  as  part   of   the   system    of   common 
schools  therein,  a  system  of  industrial  or  manual  training 
and  education,  wherein  shall  be  taught  the  practical  use  of 
tools  and  mechanical  implements,  the  elementary  principles 
of  mechanical  construction  and  mechanical  drawing.     (R. 
S.  1908,  §6550.) 


190  SCHOOL    LAW    OF    INDIANA. 

268.  Teachers  and  instruction.    2.    Such  board  of  school 
commissioners,  or  other  school  authorities,  upon  establish- 
ing such  system  of  manual  or  industrial  training  and  edu- 
cation, shall  employ  competent  instruction  in  the  various 
subjects  to  be  taught,  and  establish  such  general  rules  and 
regulations  for  the  admission  of  pupils  and  the  conduct  of 
the  schools  wherein  the  same  shall  be  taught  as  in  their 
judgment  will  produce  the  best  results,  and  give  instruction 
to  the  largest  number  of  pupils  practicable.    They  may  pro- 
vide for  such  instruction  in  separate  rooms,  or  separate 
buildings,  as  in  their  judgment  may  be  most  advantageous. 
(R.  S.  1908,  §6551.) 

269.  Tax  to  support  schools.     3.     Any  such  board  of 
school  commissioners  or  other  school  authorities,  having 
decided  to  establish  such  system  of  industrial  or  manual 
training,  shall  have  authority,  in  addition  to  all  other  taxes 
now  authorized  to  be  levied,  to  levy  a  tax  of  not  exceeding 
five  cents  on  each  one  hundred  dollars  of  property  liable  for 
taxation  for  school  purposes,  to  be  levied  and  collected  as 
other  taxes  for  school  purposes  are  levied  and  collected, 
for  the  purpose  of  purchasing  grounds  and  erecting  build- 
ings, or  for  renting  buildings  wherein  such  instruction  shall 
be  given,  the  purchase  of  all  necessary  tools,  implements 
and  apparatus,  and  for  the  payment  of  instructors  and 
other  expenses  incident  to  the  maintenance  thereof:    Pro- 
vided, That  no  portion  of  the  taxes  so  levied  and  collected 
shall  be  applied  to  any  other  purpose.    (R.  S'.  1908,  §6552.) 

[1909,  p.  91.    Approved  March  1,  1909.1 

NOTE.     Section  1  legalizes  proceedings  under  acts  prior  to  the  act  of 
1899. 

270.  Taxes — Powers  as  to  levy.    Section  2.    Each  board 
of  school  commissioners  in  each  city  of  more  than  one  hun- 
dred thousand  inhabitants,  as  designated  in  section  one  of 
this  act,  shall  have,  as  respects  the  levy  of  taxes  by  it,  the 
following  powers: 

To  levy  annually  the  following  amounts  on  each  one  hun- 
dred dollars  of  all  taxable  property  within  the  civil  city  in 
which  such  school  city  is  located,  viz.: 


SCHOOL    LAW    OF    INDIANA-  191 

A  sum  not  exceeding  four  (4)  cents,  the  proceeds  of 
which  levy  shall  he  known  as  the  "Library  Fund/'  which 
fund  shall  be  used  for  establishing,  maintaining  and  sup- 
porting free  libraries  in  connection  with  the  common  schools 
of  such  school  city,  and  in  paying  any  valid  liabilities  of 
said  school  city,  incurred  for  any  or  all  of  said  library  pur- 
poses, but  no  part  of  said  fund  shall  be  diverted  from  library 
uses;  and  unless  said  board  of  school  commissioners  shall 
have  otherwise  provided,  in  any  year,  funds  to  meet  the 
principal  and  interest  as  they  mature  of  any  "library  build- 
ing bonds,"  issued  in  pursuance  of  said  act  of  February  26, 
1891  (Session  Laws  of  1891,  page  35),  whose  title  is  quoted 
.in  the  preamble  of  the  [this]  act,  or  to  the  extent  the  said 
board  shall  have  failed  so  otherwise  to  provide  funds,  the 
payment  of  said  principal  and  interest  shall  be  a  first  charge 
on  the  proceeds  of  such  library  tax,  and  the  duty  of  the  said 
board  to  annually  levy  so  much  of  said  four  (4)  cents  as 
shall  be  so  found  necessary  for  that  purpose  is  hereby  made 
mandatory: 

A  sum  not  exceeding  five  (5)  cents,  the  proceeds  of  which 
shall  be  known  as  the  "manual  training  fund,"  which  fund 
shall  be  used  for  establishing,  maintaining  and  supporting 
manual  training  or  vocational  schools,  or  both,  or  manual 
training  or  vocational  instruction,  or  both,  in  the  schools  or 
high  schools  of  such  school  city  to  the  extent,  and  in  such 
of  said  schools,  as  may  be  deemed  wise,  and  shall  be  used 
in  paying  any  valid  lawful  liabilities  of  said  school  city  in- 
curred for  any  or  all  of  said  purposes,  but  no  part  of  said 
fund  shall  be  diverted  from  such  uses;  and  unless  said  board 
of  school  commissioners  shall  have  otherwise,  in  any  year, 
provided  funds  to  meet  the  principal  and  interest,  as  they 
mature,  of  any  bonds  or  obligations  of  said  school  city  ex- 
ecuted and  issued  under  color  of  law,  for  the  purchase  of 
grounds  or  the  erection  of  buildings  in  establishing  or  car- 
rying on  manual  training,  or  to  the  extent  said  board  shall 
have  failed  so  otherwise  to  provide  such  funds,  the  payment 
of  such  principal  and  interest  shall  be  a  first  charge  on  the 
proceeds  of  such  manual  training  tax,  and  the  duty  of  the 


192 


SCHOOL    LAW    OF    INDIANA. 


board  annually  to  levy  so  much  of  said  five  (5)  cents  as 
shall  be  so  found  necessary  for  that  purpose  is  hereby  made 
mandatory:  . 

A  sum  not  exceeding  one  (1)  cent,  the  proceeds  of  which 
levy  shall  be  known  as  the  ' t  kindergarten  fund, ' '  which  tax 
shall  be  levied  and  the  proceeds  thereof  applied  only  as  pro- 
vided by  the  statute  of  the  State  of  Indiana,  approved  March 
6,  1901  (Session  Laws  of  1901,  page  123),  authorizing  the 
levy  of  such  tax  and  providing  for  the  application  of  the 
proceeds  thereof: 

A  sum  not  exceeding  five  (5)  cents,  the  proceeds  of  which 
shall  be  known  as  the  "building  and  grounds  fund,"  which 
fund  shall  be  used  for  the  purchase  of  grounds  and  the  erec- 
tion, alteration  and  repair  of  buildings  for  the  use  of  the 
school  city  in  carrying  on  any  part  or  parts  of  its  lawful 
school  and  library  work : 

A  sum  not  exceeding  one  (1)  cent,  the  proceeds  of  which 
shall  be  known  as  the  ' '  teachers '  pension  fund, ' '  and  which 
shall  be  credited  by  the  treasurer  of  said  school  city  to  the 
trustees  of  the  teachers'  pension  fund  and  shall  be  used  only 
for  the  purposes  expressed  in  the  statute  of  this  state,  ap- 
proved March  9,  1907  (Session  Laws  of  1907,  page  268), 
concerning  pensions  for  aged,  infirm,  disabled,  diseased,  or 
retired  teachers,  in  such  cities  of  one  hundred  thousand  or 
more  inhabitants.  And  the  duty  of  said  board  of  school 
commissioners  to  levy  annually  said  tax  in  the  sum  of  one 
(1)  cent  on  each  one  hundred  dollars  of  such  taxables  is 
hereby  made  mandatory: 

A  sum  not  exceeding  fifty-one  (51)  cents,  the  proceeds  of 
which  shall  be  known  as  the  "special  fund,"  from  which 
fund  shall  be  appropriated  by  the  said  board  annually  or 
oftener  if  need  be,  a  sum  sufficient  to  meet  all  interest 
charges  and  installments  of  principal,  as  they  mature,  of 
all  of  the  debts,  liabilities  and  obligations  of  the  said  school 
city  for  whatsoever  purpose  contracted  to  the  extent  such 
interest  and  principal,  so  maturing,  have  not  been  provided 
for  by  said  board  by  appropriations  from  the  other  funds 
under  its  control,  as  above  mentioned,  which  principal  and 


SCHOOL    LAW    OF    INDIANA-  193 

interest  so  maturing,  so  to  be  provided  for  out  of  said  spe- 
cial fund,  shall  be  a  first  charge  upon  said  fund;  and  said 
board  is  hereby  authorized  to  appropriate  and  use  the  re- 
mainder of  said  fund  for  any  common  school,  library  or 
other  purpose  or  work,  lawfully  within  the  control  or  man- 
agement of  said  board  of  school  commissioners. 

The  aggregate  sum  levied  by  any  such  board  of  school 
commissioners  in  any  one  year  shall  not  exceed  sixty-seven 
(67)  cents  on  each  one  hundred  dollars  of  taxable  property 
in  said  city;  the  taxes  authorized  by  this  section  two  to  be 
levied  by  any  board  of  [school]  commissioners  shall  be  the 
only  taxes  it  may  levy,  and  from  the  proceeds  of  said  fifty- 
one  (51)  cent  tax  or  from  such  part  thereof  as  any  said 
board  may  levy,  said  board  shall  provide  for  carrying  out 
in  said  city  the  so-called  "compulsory  education"  statutes 
without  a  separate  levy  for  that  purpose. 

271.  Bonds — Building  and  grounds  fund.  Section  3.  If 
any  such  school  city,  as  is  designated  in  section  one  of  this 
act,  shall  find,  and  its  board  of  school  commissioners,  by 
resolution  duly  adopted  and  spread  upon  its  minutes,  shall 
declare  that  said  levy  of  five  (5)  cents  to  produce  a  "build- 
ing and  grounds  fund, ' '  as  mentioned  in  section  two  of  this 
act,  was  duly  made  by  it  in  the  preceding  year,  but  that  the 
proceeds  thereof,  to  become  payable  and  to  be  collected  for 
the  use  of  said  school  city  during  the  calendar  year  in  which 
such  resolution  shall  be  adopted,  will  be  insufficient  to  meet 
the  necessary  expenditures,  during  the  said  last  named  cal- 
endar year,  of  said  school  city  for  the  purchase  of  grounds, 
and  the  erection,  alteration  and  repair  of  buildings,  as  men- 
tioned in  section  two  of  this  act,  where  the  power  to  levy 
said  five  (5)  cents  is  given,  and  shall  declare  the  estimated 
amount  of  the  proceeds  of  said  levy  so  to  be  received  during 
that  year  and  shall  declare  the  amount  of  such  deficit,  then 
and  in  such  event  it  shall  be  lawful  for  said  school  city  to 
borrow  money  and  issue  the  bonds  of  said  school  city  to  the 
amount  of  such  deficit,  but  not  in  principal  greater  than  the 

[13—27277] 


194  SCHOOL    LAW    OF    INDIANA. 

sum  of  seventy-five  thousand  dollars  in  any  one  year.  Such 
bonds  shall  be  known  as  "school  real  estate  and  improve- 
ment bonds. "  They  shall  bear  interest  at  a  rate  not  exceed- 
ing four  (4)  per  cent,  per  annum,  interest  payable  semi- 
annual! y,  shall  be  sold  at  not  less  than  par  and  shall  mature, 
as  nearly  as  may  be,  at  the  rate  of  fifty  thousand  ($50,000) 
dollars  a  year,  commencing  to  mature  on  the  first  day  of 
July,  thirty  years  after  [the]  year  in  which  they  are  issued. 
No  bond  so  to  be  issued  shall  be  delivered  until  the  price 
therefor  shall  be  paid  to  the  treasurer  of  said  school  city, 
and  no  interest  shall  accrue  thereon  before  such  delivery. 
Such  bonds  shall  be  payable  to  bearer  and  shall  be  of  the 
general  form  usual  in  municipal  bonds.  Preparatory  to 
offering  such  bonds  for  sale  the  board  of  school  commission- 
ers shall  give  notice  for  not  less  than  three  (3)  weeks  of  the 
date  fixed  for  the  sale  of  such  bonds  witlj  a  description 
thereof  and  of  proposals  therefor  and  inviting  bids  therefor; 
such  notice  shall  be  given  by  advertisement  by  one  insertion 
in  at  least  one  newspaper  published  in  the  city  of  Indian- 
apolis, and  one  insertion  in  at  least  one  newspaper  pub- 
lished in  the  city  of  New  York,  and  such  other  advertise- 
ments as  the  board  may  make.  The  board  shall  sell  the 
bonds  to  the  highest  and  best  bidder  and  shall  reserve  the 
right  to  reject  any  or  all  bids.  The  proceeds  arising  from 
such  sale  shall  be  used  for  no  purpose  other  than  the  pur- 
chase of  real  estate  and  the  erection  of  buildings  and  im- 
provements and  the  alteration  and  repair  of  buildings  and 
improvements  upon  real  estate  of  such  school  city.  If  it 
should  transpire  that  any  part  of  such  proceeds  of  sale  has 
not  been  used  during  the  calendar  year  in  which  such  bonds 
were  sold  such  unused  part  shall  be  held  as  a  separate  fund 
to  be  used  in  a  subsequent  year  and  to  be  used  only  for  such 
purposes.  To  the  extent  such  a  surplus  shall  exist  the  power 
hereby  given  to  issue  bonds  shall  be  diminished  by  the 
amount  of  such  surplus,  so  long  as  it  shall  remain  unused, 
Any  such  school  board  which  shall  exercise  the  power  given 
by  this  section  three  by  issuing  bonds  shall  not  issue  any 
other  bonds  of  any  kind  during  any  calendar  year  in  which 
it  shall  so  issue  bonds  under  the  power  given  by  this  act. 


SCHOOL    LAW    OF    INDIANA-  195 

272.  Art  association — Financial  aid.  Section  4.  In  any 
school  city  in  this  state,  such  as  is  designated  in  section  one 
of  this  act,  where  there  is,  or  hereafter  shall  be,  an  art  asso- 
ciation which  owns  buildings,  grounds,  works  of  art  and 
other  equipment,  for  the  study  of  art,  located  in  said  city, 
and  in  which  more  than  two  hundred  thousand  dollars  shall 
have  been  invested,  and  which  association  shall  cause  to  be 
made  and  continued  as  members  of  its  governing  board  of. 
directors,  trustees  or  other  managing  body,  the  superintend- 
ent of  schools  of  said  school  city,  its  director  of  art  instruc- 
tions, if  any  there  be,  and  two  other  persons  to  be  nominated 
by  the  board  of  school  commissioners,  and  which  associa- 
tion shall  give  free  admission,  at  reasonable  times,  to  its 
museum  and  art  galleries  to  all  teachers  and  pupils  of  the 
public,  private  and  parochial  schools  in  said  city,  and  which 
shall  provide  free  illustrated  lectures,  on  some  art  or  kin- 
dred subject,  throughout  the  public  school  year  of  said  city 
not  less  frequently  than  one  lecture  a  week  for  school  chil- 
dren, the  same  to  be  given  at  its  museum  or  in  a  public 
sch'ool;  and  which  shall  at  half  the  rates  established  in  other 
cities  for  similar  service  provide  instruction  in  the  teaching 
of  drawing  and  design  for  all  teachers  in  said  city  nomi- 
nated by  the  superintendent  of  schools  of  said  city,  and 
which  shall  provide  throughout  such  school  year  free  for 
not  fewer  than  fifty  pupils  to  be  nominated  on  competitive 
examination  by  said  superintendent  of  schools  advanced  in- 
struction in  drawing  and  in  such  applied  arts  as  it  teaches, 
it  shall  be  the  duty  of  said  board  of  school  commissioners 
so  long  as  such  art  association  continues  to  do  and  perform 
all  said  things,  or  is  able  and  ready  and  willing  to  do  and 
perform  them,  to  avail  itself  thereof  for  the  benefit  of  the 
school  children  and  teachers  in  said  city,  and  to  pay  such 
art  association  annually  in  quarterly  installments  from  the 
special  fund  of  said  school  city  a  sum  equal  to  one-half  cent 
on  each  one  hundred  dollars  of  the  taxables  of  said  city  as 
valued  on  the  tax  duplicates  for  the  year  next  before  the 
date  of  each  such  payment;  and  said  board  of  school  com- 
missioners may  co-operate  with  such  association  in  further 
improving  or  enlarging  the  instruction  in  drawing  and  in 


196  SCHOOL    LAW    OF    INDIANA- 

manual  and  industrial  training  in  the  public  schools  and, 
to  those  ends,  may  accept  contributions  of  money  or  serv- 
ices or  equipment  from  such  association  on  such  conditions 
as  in  the  judgment  of  said  board  of  school  commissioners 
may  benefit  the  public  schools,  provided  that  such  co-opera- 
tion and  the  acceptance  of  such  contributions  do  not  involve 
a  total  expenditure  by  said  board  from  its  own  funds  ex- 
ceeding, in  any  one  year,  a  sum  equal  to  one-half  cent  on 
each  one  hundred  dollars  of  the  taxables  of  said  city  as 
valued  on  the  tax  duplicate  made  in  the  year  1908;  but  the 
right  is  hereby  reserved  to  the  state  to  repeal,  alter  or 
amend,  at  the  pleasure  of  the  legislature,  this  section  and 
all  the  rights  and  powers  it  gives. 

This  section  was  declared  unconstitutional  in  Bullock  vs.  Robison,  93 
N.  E.  998. 

[Acts  1911,  p.  356.    Approved  March  4, 1911  ] 

272a.  Art  association  contract — Cities  of  first  class.  1. 
In  all  cities  of  this  state  of  more  than  100,000  population, 
according  to  the  last  preceding  United  States  census,  the 
board  of  school  commissioners  thereof  be  and  is  hereby  au- 
thorized, when  in  its  judgment  the  school  children  and 
teachers  of  said  city  would  benefit  thereby,  to  contract  with 
any  well  established  and  well  equipped  art  association  of 
such  city,  corporate  or  unincorporated,  for  admission  to  its 
museum  and  galleries  and  for  instruction,  by  lectures,  ex- 
hibits or  otherwise,  as  the  contracting  parties  may  agree, 
of  the  school  children  and  teachers  of  such  city,  in  fine  and 
applied  arts.  The  price  to  be  paid  for  such  admission,  in- 
struction and  facilities  shall  be  the  reasonable  worth  there- 
of, in  the  judgment  of  said  board,  but  not  more  than  $10,0'00 
in  any  calendar  year.  Such  contracts  shall  be  operative  for 
terms  of  not  more  than  four  years  each. 

272b.  2.  Whenever  any  board  of  school  commissioners 
in  any  city  of  the  State  of  Indiana  having  a  population  of 
more  than  100,000,  according  to  the  last  preceding  United 
States  census,  has  heretofore,  in  good  faith,  paid  into  any 
art  association  of  said  city,  any  sum  or  sums  of  money,  un- 


SCHOOL   LAW    OF   INDIANA.  197 

der  the  terms  of  any  enactment  of  the  General  Assembly 
then  supposed  to  be  valid,  and  which,  after  such  payment, 
has  been  held  invalid  by  the  supreme  court  of  Indiana,  and 
such  art  association  has  rendered  the  services  required  by 
such  enactment,  all  such  payments  are  hereby  validated. 

[1909,  p.  91.    Approved  March  1,  1909.J 

273.  Powers  of  school  commissioners.  5.  The  board 
of  school  commissioners  in  each  such  city,  as  is  designated 
in  section  one  of  this  act,  shall  have  all  the  powers  and 
duties  of  such  boards  as  are  conferred  by  existing  statutes 
which  are  consistent  with  the  provisions  of  sections  one  to 
four,  both  inclusive,  of  this  act  and  shall  have  power:  To 
establish,  own  and  conduct,  in  connection  with  the  common 
school  system  of  its  school  city,  free  public  libraries  and 
branches  thereof  and  to  own  and  acquire  real  estate  for 
such  libraries  and  branches  in  all  of  the  ways  provided  by 
law  for  the  acquisition  by  it  and  owning  of  real  estate  for 
school  purposes:  To  examine,  by  its  superintendent,  or  by 
a  person  selected  by  him,  all  persons  applying  for  positions 
as  teachers  in  its  schools  and  to  issue  to  such  of  them  as  may 
be  found  to  be  qualified  a  license  to  teach  in  the  common 
schools  of  said  city:  To  acquire  by  purchase,  devise,  gift  or 
lease,  or  by  condemnation,  grounds;  construct  or  lease  build- 
ings for  school,  library  and  school  administration  and  office 
purposes;  employ  and  pay  superintendents,  teachers,  libra- 
rians and  all  other  employes  needed  in  any  branch  of  the 
work  committed  to  said  board  of  school  commissioners  and 
to  disburse,  according  to  law,  all  moneys  of  said  school  city 
for  all  lawful  school,  library  and  other  school  city  purposes: 
To  have  and  exercise  in  such  s,chool  city  full  and  exclusive 
authority  concerning  the  conduct  and  management  of  all 
common  schools  and  public  libraries,  carried  on  in  connec- 
tion with  such  schools,  including  the  establishing  and  en- 
forcing of  all  regulations  for  the  grading  of,  and  courses  of 
instruction  in,  all  of  said  schools  and  for  the  government 
and  discipline  of  such  schools: 

To  maintain  night  schools  during  regular  school  terms 
and  it  may  admit  thereto  adults  and  children  over  fourteen 


198  SCHOOL    LAW    OF    INDIANA- 

years  of  age;  and  to  maintain  play-grounds  and  vacation 
schools. 

274.  Repeal.     6.     All  provisions  of  the  general  school 
laws   of  the   state   which   are   inconsistent   with   the   pro- 
visions of  this  statute  or  with  the  statute  of  this  state  of 
March  4,  1899  (Session  Laws  of  1899,  page  434),  concerning 
common  schools  in  cities  of  more  than  one  hundred  thousand 
population,  or  with  any  statute  amendatory  of  that  act  or 
supplemental  thereto  shall,  upon  the  taking  effect  of  this 
statute,  to  the  extent  they  are  so  inconsistent,  not  be  effect- 
ive in  respect  of  the  common  schools  in  cities  such  as  are 
designated  in  section  one  of  this  act. 

L1909.  p.  292.    Approved  March  6,  1909.] 

275.  Health  inspection.     1.    In  every  city  of  this  state 
having  a  population  of  more  than  one  hundred  thousand, 
according  to  the  last  United  States  census,  it  shall  be  the 
duty  of  the  board  of  public  health  and  charities  of  such 
city,  for  the  protection  of  public  health,  to  make  medical  in- 
spection, from  time  to  time,  of  all  persons  attending,  or  em- 
ployed in  or  about  all  public,  private  and  parochial  schools 
in  such  city.    For  this  purpose  such  board  of  health  shall 
appoint,  from  time  to  time,  competent  physicians  to  make 
the  inspections,  and  shall  prescribe  rules  and  regulations 
concerning  the  number  and  character  of  inspections  and  for 
the  doing  of  the  work  and  for  reports  to  the  said  board  of 
health  concerning  the  same.    Said  board  of  health  shall  have 
power  to  prohibit  the  presence  in  or  about  any  such  school 
of  any  pupil,  teacher,  other  employe,  or  person  whose  health 
is  such  that  his  presence  would  be,  in  the  board's. opinion, 
injurious  or  dangerous  either  to  the  person  himself  or  to 
others  in  attendance  at  such  school,  and  such  prohibition 
shall  be  effective  until  revoked  by  such  board  of  health. 
Such  board  of  health  shall  have  power  to  appoint,  from  time 
to  time,  as  its  judgment  may  dictate,  district  nurses  with 
such  visitorial  powers  as  such  board  may  prescribe,  to  the 
end  that  such  board  may  be  kept  informed  of  the  care  and 


SCHOOL    LAW    OF    INDIANA.  199 

attention  that  is  being  received  by  persons  which  it  shall 
have  so  excluded  from  the  schools  and  may  be  kept  in- 
formed of  the  progress  of  such  persons  toward  recovery. 

276.  Tax  levy  for  health  inspector.     2.     All  expenses 
necessarily  incurred  in  carrying  out  the  provisions  of  this 
act  shall  be  borne  by  such  civil  city.    It  is  hereby  made  the 
duty  of  every  such  civil  city  annually,  beginning  in  1909,  to 
levy  the  sum  of  one-half  (^)  cent  on  each  one  hundred  dol- 
lars ($100.00)  of  taxables  within  such 'city  to  create  a  fund, 
to  be  known  as  the  ' '  school  health  fund, ' '  for  carrying  out 
the  provisions  of  this  act.     Such  fund  shall  under  no  cir- 
cumstances be  used  for  any  other  purpose,  but  for  the  pur- 
pose aforesaid  shall  be  subject  to  the  warrant  of  the  proper 
city  official  without  any  further  appropriation.     The  duty 
of  making  such  levy  shall  be  performed  regardless  of  any 
limit  now  existing  by  law  in  the  tax-levying  power  of  any 
such  city. 

[1911,  p.  96.    Approved  March  1,1911.1 

277.  Trade  and  industrial  schools.    1.    In  all  cities  of  the 
State  of  Indiana,  having  a  population  of  200,000  or  over,  as 
shown  by  the  last  preceding  census  of  the  United  States,  it 
shall  be  lawful  whenever  the  school  city  in  such  city  shall 
have  acquired  title  to  and  possession  by  gift  or  donation,  of 
any  real  estate,  building,  and  personal  property  situated  in 
such  city,  which  real  estate,  buildings,  and  personal  prop- 
erty have  heretofore  been  used  for  an  industrial  or  trade 
school,  for  the  education  of  boys,  in  the  trades  of  printing, 
lithography,  machinists,  moulding,  typesetting,  bricklaying, 
tile  setting,  pattern  making,  and  pharmacy,  for  the  board 
of  school  commissioners  or  other  common  school  authorities 
of  such  school  city,  in  addition  to  all  other  taxes  now  author- 
ized to  be  levied,  to  levy  annually  a  tax  of  three  cents  on 
each  one  hundred  dollars  of  property  liable  for  taxation  for 
school  purposes  in  such  city,  to  be  levied  and  collected  as 
other  taxes  for  school  purposes  are  levied  and  collected,  for 
the  purpose  of  maintaining  and  operating  such  industrial  or 
trade  school,  and  departments  thereof,  for  teaching  sundry 


200  SCHOOL   LAW    OF   INDIANA. 

trades  heretofore  mentioned,  and  such  other  trades  as  may 
be  decided  upon  by  such  school  authorities,  and  of  perform- 
ing any  conditions  incident  to  the  school  city's  acquisition 
of  the  property:  Provided,  That  no  portion  of  the  taxes  so 
levied  and  collected  shall  be  applied  to  or  used  for  any  other 
purpose. 

278.  Maintenance  and  operation.     2.     Such  board  of 
school  commissioners  or  other  common  school  authorities 
of  such  city,  upon  acquiring,  by  gift  or  donation,  title  to  and 
possession  of  real  estate,  buildings  and  personal  property 
heretofore  used  as  an  industrial  or  trade  school,  as  men- 
tioned in  section  1  hereof  shall  maintain  and  operate  such 
school  and  shall  employ  competent  instructors  in  the  va- 
rious subjects  to  be  taught;  purchase  necessary  tools,  im- 
plements, supplies,  and  apparatus,  and  establish  general 
rules  and  requirements  for  the  admission  of  pupils,  courses 
of  instruction,  and  the  conduct  of  such  trade  or  industrial 
school  as  in  their  judgment  will  produce  the  best  results  and 
give  instructions  to  the  largest  number  of  pupils  practicable, 
and  such  school  city  may  also  use  the  property  so  acquired 
for  other  school  and  library  purposes,  but  in  no  way  that 
will  materially  interfere  with  the  conduct  of  trade  or  indus- 
trial school  or  schools  thereon. 

279.  Transfer — Tuition.    3.    The  transfer  tuition  charge 
for  each  child,  transferred  from  another  common  school  cor- 
poration of  this  state,  who  shall  take  any  trade  or  industrial 
instruction  in  any  school  upon  the  real  estate  eo  acquired, 
shall  be  the  actual  per  capita  cost  of  operating  the  school 
he  attends,  nothing  being  included  in  such  cost  for  perma- 
nent improvements  or  additions,  salaries  of  superintendents 
or  for  cost  of  apparatus  or  for  breakages  thereof.    If  a  child 
not  entitled  to  school  privileges  in  said  school  shall,  by  said 
school  city  be  permitted  to  take  any  trade  or  industrial  in- 
struction in  any  school  upon  the  real  estate  so  acquired,  the 
tuition  charged  such  child  shall  not  be  greater  than  the  per 
capita  cost  of  operating  the  school  he  attends,  nothing  being 
included  in  such  cost  for  permanent  improvements  and 
additions. 


SCHOOL    LAW    OF    INDIANA.  201 

[1911.  p.  409.    Approved  March  4, 1911. J 

280.  Public  Playgrounds.    1.    That  the  board  of  health 
and  charities  in  cities  of  the  first  class,  in  this  state,  be  and 
the  same  are  hereby  authorized  to  establish,  maintain  and 
equip  public  playgrounds,  public  baths  and  public  comfort 
stations  in  such  cities.     That  the  board  of  school  commis- 
sioners and  the  board  of  park  commissioners  are  hereby  au- 
thorized to  permit  the  use  of  any  public  grounds  under  their 
control  as  in  their  judgment  may  be  required,  pursuant  to 
the  provisions  and  for  the  purpose  designated  in  this  act. 
And  such  boards  of  health  and  charities  are  hereby  author- 
ized to  lease  or  purchase  grounds  additional  to  such  public 
grounds,  either  adjacent  thereto  or  elsewhere  in  such  city; 
and  such  boards  are  hereby  empowered  pursuant  to  the 
laws  of  eminent  domain,  now  or  hereafter  in  force  within 
this  state,  to  condemn  ground  to  be  used  for  the  purpose 
herein  expressed  and  to  pay  for  such  grounds  so  condemned 
out  of  the  revenue  hereinafter  provided  for  in  this  act. 

281.  Custody  and  control.     2.    Such  boards  shall  have 
full  control  and  custody  of  all  such  playgrounds,  baths  and 
comfort  stations,  including  the  policing  and  preservation  of 
order  thereon,  and  may  adopt  suitable  rules,  regulations  and 
by-laws  for  the  control  thereof,  and  the  conduct  of  children 
and  other  persons  while  on  and  using  the  same,  and  may  en- 
force the  same  by  suitable  penalties.    Such  boards  shall  ap- 
point a  commissioner  of  public  playgrounds,  public  baths 
and  public  comfort  stations,  whose  duty  it  shall  be  to  super- 
intend and  manage  the  work,  to  select  directors  and  assist- 
ants, who  while  on  duty,  and  for  the  purpose  of  preserving 
order  and  the  observance  of  the  rules,  regulations  and  by- 
laws of  the  said  board   shall   have   the  powers   and  au- 
thorities of  police  officers  of  the  respective  cities  in  and  for 
which  they  were  severally  appointed.     The  compensation 
for  such  employes  shall  be  fixed  by  such  boards. 

282.  Expenses — Tax.     3.     All  the  expenses  necessarily 
incurred  in  carrying  out  the  provisions  of  this  act  shall  be 
borne  by  such  civil  city.    The  common  council  of  such  city 


202 


SCHOOL    LAW    OP    INDIANA. 


shall  annually,  beginning  in  1911,  levy  the  sum  of  one-half 
(i)  cent  on  each  one  hundred  ($100)  dollars  of  taxables 
within  such  city  to  create  the  sum,  to  be  known  as  the 
' i  recreation  fund, "  to  be  expended  by  such  board  in  carry- 
ing out  the  provisions  of  this  act.  Such  funds  shall  under 
no  circumstances  be  used  for  any  other  purposes,  but  for  the 
purpose  aforesaid,  shall  be  subject  to  the  warrant  of  the 
proper  city  official  without  any  further  appropriation.  The 
duty  of  making  such  levy  shall  be  performed  regardless  of 
any  limit  now  existing  by  law  in  the  tax  levying  power  of 
such  city. 

[1907,  p.  268.    Approved  March  9,  1907.] 

283.  Teachers'  pension  fund — Trustees.  1.  In  every 
city  in  the  State  of  Indiana  having  a  population  of  100,000  or 
more,  according  to  the  last  preceding  United  States  census, 
there  shall  be,  and  is  hereby,  created  a  teachers'  pension 
fund,  which  shall  be  governed  and  managed  by  a  board  of 
trustees,  to  be  composed  of  seven  members,  as  follows: 
Three  members  of  the  board  of  school  commissioners  of 
such  city,  to  be  selected  or  appointed  annually  by  such 
board,  the  superintendent  of  public  schools,  one  principal 
and  two  teachers  regularly  employed  in  the  public 
schools  of  such  city.  Said  principal  and  teachers  shall 
be  selected  at  a  meeting  of  the  public  school  teachers 
of  such  city  on  the  third  Saturday  of  March,  1907,  in 
such  manner  and  at  such  place  or  places  as  shall  be 
determined  and  designated  by  the  board  of  school  com- 
missioners of  such  city ;  and  thereafter  there  shall  be  select- 
ed on  the  third  Saturday  of  March  of  each  year  one  princi- 
pal and  two  teachers  as  members  of  such  board  of  trustees. 
The  trustees  shall  hold  their  offices  until  their  successors 
shall  be  selected  or  elected  as  above  set  forth.  In  the  event 
of  a  vacancy  upon  said  board  occasioned  by  the  death,  res- 
ignation or  disability  of  either  of  said  principal  or  teach- 
ers, then  the  public  school  teachers  of  said  city  shall,  within 
a  reasonable  time,  upon  the  call  of  the  president  of  said 
board  of  trustees,  hold  a  special  meeting  and  elect  a  suc- 
cessor or  successors.  A  majority  of  said  trustees  shall  con- 


SCHOOL    LAW    OF    INDIANA.  203 

stitute  a  quorum  for  the  transaction  of  business  pertaining 
to  said  pension  fund.  Said  trustees  shall  receive  no  pay 
for  their  services  as  such,  except  the  secretary  and  assistant 
treasurer,  each  of  whom  may  be  paid  such  sum  for  services 
as  may  be  fixed  by  the  board  of  trustees:  Provided,  how- 
ever, That  if  any  one  shall  act  as  such  secretary  or  assistant 
treasurer  who  shall  receive  any  of  the  benefits  of  said  pen- 
sion fund,  as  hereinafter  provided,  the  amount  of  the  sal- 
ary so  received  by  such  secretary  or  assistant  treasurer 
shall  be  deducted  from  the  amount  to  which  he  or  she  would" 
otherwise  be  entitled  as  a  beneficiary  under  said  fund.  (R. 
S.  1908,  §6555a.) 

284.  Officers— Duties.  2.  Said  board  of  trustees  shall 
elect  from  among  its  number  a  president,  vice-president  and 
secretary.  The  president  shall  preside  at  the  meetings  of 
the  board  and  perform  all  other  duties  usual  to  such  office. 
The  vice-president  shall  perform  the  duties  of  the  president 
in  his  absence.  It  shall  be  the  duty  of  the  secretary  to  keep 
a  true  and  accurate  account  of  the  proceedings  of  such 
board  of  trustees  and  of  the  teachers  of  such  city,  when 
acting  upon  matters  with  relation  to  said  fund,  and  to  turn 
over  to  his  or  her  successor  all  books  and  papers  pertaining 
to  such  office.  The  secretary  of  the  board  of  school  com- 
missioners of  such  city  shall  act  as  assistant  treasurer,  and 
it  shall  be  his  duty  to  keep  a  true  and  correct  statement  of 
the  account  of  each  member  with  said  pension  fund,  to  col- 
lect and  turn  over  to  the  treasurer  of  said  board  all  moneys 
belonging  to  said  fund,  and  to  render  to  the  board  a  month- 
ly account  of  his  doings.  He  shall  furnish  bond  in  such 
amount  as  shall  be  determined  and  required  by  said  board 
of  trustees,  and  the  board  of  school  commissioners  of  such 
city  shall  allow  him  such  compensation  for  his  services  as  it 
may  deem  proper.  The  treasurer  of  such  city  shall  be  ex 
officio  the  treasurer  of  said  board  of  trustees,  and  he  shall 
receive  and  hold  all  moneys  belonging  to  such  teachers' 
pension  fund ;  he  shall  have  the  custody  of  all  notes,  bonds 
and  other  securities  belonging  to  said  fund,  and  shall  col- 
lect the  principal  and  interest  of  the  same  and  shall  be 


204  SCHOOL    LAW    OF    INDIANA. 

liable  on  his  bond  as  such  city  treasurer  for  the  perform- 
ance of  all  the  duties  imposed  upon  him  by  this  act  and  for 
the  faithful  accounting  of  all  moneys  and  securities,  includ- 
ing both  principal  and  interest,  which  may  come  into  his 
hands  and  which  shall  belong  to  such  pension  fund.  And  he 
shall  keep  a  separate  account  which  shall  show  at  all  times 
the  true  condition  of  such  fund.  Said  treasurer  shall,  upon 
the  expiration  of  his  term  of  office,  account  to  said  board 
for  all  moneys,  notes,  bonds  and  other  securities  coming 
into  his  hands,  and  for  the  interest,  income,  profits,  rentals 
and  proceeds  of  and  from  the  same,  and  he  shall  turn  over 
to  his  successor  all  moneys,  notes,  bonds  and  other  securi- 
ties belonging  to  said  fund.  The  secretary,  treasurer  and 
assistant  treasurer  shall  make  a  full,  true  and  accurate  re- 
port of  their  offices  and  trusts  at  each  annual  meeting  of 
such  teachers  in  March  of  each  year.  Their  books  shall 
at  all  times  be  open  to  inspection  or  examination  by  any 
member  of  said  board  of  trustees,  (R,  S.  1908,  §6555b.) 

285.  Control  of  fund — What  constitutes.  3.  Such  board 
of  trustees  shall  have  full  charge  and  control  of  the  teach- 
ers '  pension  fund  of  such  city,  with  power  to  adopt  and 
enforce  all  needful  regulations  governing  the  same,  not  in- 
consistent with  this  act.  Said  fund  shall  be  derived  from 
the  following  sources: 

First.  All  moneys  that  may  be  given  to  said  board  of 
trustees  or  to  said  fund  or  to  the  board  of  school  commis- 
sioners of  such  city,  for  the  use  of  said  board  of  trustees 
of  teachers'  pension  fund,  by  any  person  or  persons.  Such 
board  of  trustees  may  take  by  gift,  grant,  devise  or  be- 
quest, any  money,  choses  in  action,  personal  property,  real 
estate  or  any  interest  therein,  and  any  such  gift,  grant,  de- 
vise or  bequest  may  be  absolute  or  upon  condition  that  only 
the  rent,  profits  and  income  arising  from  the  same  shall  be 
applied  to  the  uses  and  purposes  of  said  fund.  Such  board 
of  trustees  shall  be  authorized  to  take  such  gift,  grant,  de- 
vise or  bequest  under  and  by  the  style  018  the  board  of  trus- 
tees of  the  teachers'  pension  fund,  of  e^ch  city,  and, to.; hold 


SCHOOL    LAW    OF    INDIANA. 


205 


the  same,  or  assign,  transfer  or  sell  the  same,  whenever 
proper  and  necessary,  under  and  by  such  name. 

Second.  Every  teacher  shall  be  assessed  upon  his  or  her 
salary  as  follows:  One  per  centum  per  annum  (but  not 
more  than  $10)  upon  the  salary  of  every  teacher  who  shall 
not  have  taught  in  excess  of  fifteen  (15)  years;  and  two  per 
centum  per  annum  (but  not  to  exceed  $20)  upon  the  salary 
of  every  teacher  who  shall  have  taught  longer  than  fifteen 
(15)  years:  Provided,  however,  That  such  assessment  shall 
not  be  made  prior  to  the  first  day  of  September,  1907.  And 
the  assistant  treasurer  of  such  board  of  trustees  shall  pre- 
pare a  roll  of  each  of  said  assessments  and  place  opposite 
the  name  of  every  teacher  the  amount  of  assessment  against 
him  or  her,  and  shall  furnish  a  copy  of  such  roll  to  the 
treasurer,  and  the  treasurer  of  said  board  shall,  in  Novem- 
ber and  April  of  each  school  year,  deduct  and  retain  out  of 
the  salary  going  to  such  teacher  the  amount  of  such  assess- 
ment, and  shall  give  him  or  her  credit  for  the  same  and 
place  the  same  to  the  credit  of  said  teachers'  pension  fund. 
Every  teacher  of  such  city  receiving  a  salary  of  four  hun- 
dred fifty  dollars  ($450)  a  year  or  more  shall  pay  such  as- 
sessment, and  in  becoming  a  teacher  he  or  she  shall  be  con- 
clusively deemed  to  undertake  and  agree  to  pay  the  same, 
and  to  have  such  assessment  deducted  from  his  or  her  sal- 
ary as  hereinbefore  provided. 

Third.  The  board  of  school  commissioners  of  such  city 
shall  levy  each  year,  in  addition  to  all  other  taxes  author- 
ized by  law,  a  special  tax  of  one  cent  upon  each  one  hundred 
dollars  of  taxable  property  in  the  city,  which  sum  shall  be 
collected  as  other  taxes  are  collected  by  law,  and  which 
shall  be  credited  by  the  treasurer  of  such  city  to  the  said 
teachers'  pension  fund,  and  shall  not  be  used  or  devoted  to 
any  other  than  the  purposes  of  said  fund.  And  nothing  in 
this  act  shall  be  deemed  to  take  from  said  board  of  school 
commissioners  the  powers  now  given  to  said  board  in  re- 
lation to  the  levy  of  taxes  under  existing  statutes.  (R.  S. 
1908,  §6555c.) 


206 


SCHOOL    LAW    OF    INDIANA. 


286.  Investment  of  funds.    4.    The  board  of  trustees  of 
such  teachers  *  pension  fund  shall  determine  what  part  of 
said  fund  may  be  safely  invested,  and  how  much  shall  be 
retained  for  the  immediate  needs,  demands  and  exigencies 
of  said  fund.    Such  investment  shall  be  made:     (1)  In  in- 
terest bearing  bonds  of  the  United  States,  or  of  the  state 
of  Indiana,  or  in  any  bond  lawfully  issued  by  any  state  or 
by  any  county,  township,  city  or  other  municipal  corpora- 
tion, either  within  or  without  the  state  of  Indiana;    (2) 
loans  secured  by  mortgage  upon  real  estate  within  the 
county  wherein  such  city  is  located,  which  loans  shall  not 
be  in  excess  of  fifty  per  centum  of  the  appraised  value  of 
such  real  estate.    All  bonds,  mortgages  and  other  securities 
shall  be  deposited  with  and  remain  in  the  custody  of  the 
treasurer  of  said  board,  who  shall  collect  all  interest  due 
thereon,  and  all  the  income  therefrom,  as  the  same  shall  be- 
come due  and  payable.    (E.  S.  1908,  §6555d.) 

287.  Sinking  fund.    5.     The  board  of  trustees  of  such 
teachers'  pension  fund  shall  establish  a  sinking  fund,  to  the 
credit  of  which  shall  be  put  and  deposited  all  gifts,  grants, 
devises  and  bequests,  and  the  unexpended  balance  remain- 
ing at  the  expiration  of  each  fiscal  year.    And  such  sinking 
fund  shall  be  and  remain  a  permanent  fund,  and  no  part 
thereof  shall  be  expended  except  the  interest  and  income 
thereof  and  therefrom:     Provided,  however,  That  one-half 
of  the  amount  added  to  such  sinking  fund  during  any  year 
may  be  used,  if  necessary,  during  the  year  immediately  fol- 
lowing.   (R.  S.  1908,  §6555e.) 

288.  Uses   of  fund.     6.     Said  teachers'   pension  fund 
shall  be  used  and  devoted  in  the  manner  and  to  the  pur- 
poses following: 

First.  The  maximum  pension  to  be  paid  any  teacher 
shall  be  six  hundred  dollars  ($600.00)  per  annum,  which 
amount  shall  be  based  upon  a  service  of  forty  (40)  years 
as  such  teacher  and  every  pensioner  and  beneficiary  of  said 
fund  shall  be  entitled  to  and  shall  receive  such  percentage 
of  said  sum  of  $600  as  the  number  of  years  of  teaching 


SCHOOL    LAW    OF    INDIANA. 


207 


of  said  pensioner  and  beneficiary  shall  bear  to  the  term 
of  forty  years,  subject,  however,  to  all  the  provisions  of 
this  act. 

Second.  Any  aged,  infirm,  diseased  or  disabled  teacher, 
who  is  now  or  hereafter  may  be  teaching  in  the  public 
schools  of  such  city,  having  served  as  such  teacher  for  not 
less  than  fifteen  (15)  years,  shall  be  entitled  to  receive  a 
disability  pension :  Provided,  Such  board  of  trustees  shall 
find  that  he  or  she  is  entitled  to  the  same  by  reason  of  such 
age,  disease,  infirmity  or  disability,  and  after  such  appli- 
cant for  a  pension  shall  have  been  examined  by  a  physician 
selected  for  such  purpose  by  said  board  of  trustees,  the 
examination  fee  or  charge  of  such  physician  to  be  paid 
by  the  applicant:  And,  provided  further,  That  no  such 
pension  shall  be  paid  until  any  sick  pay  allowed  or  pro- 
vided for  by  the  board  of  school  commissioners  of  such 
city  shall  have  ceased. 

Third.  -  Any  teacher  who  is  now  or  hereafter  may  be 
teaching  in  the  public  schools  of  such  city,  and  shall  have 
taught  for  not  less  than  twenty-five  (25)  years,  may  be 
pensioned  upon  application  to  said  board  of  trustees,  or 
may  be  pensioned  by  such  board  without  such  application 
aad  shall  thereafter  receive  a  pension  during  the  remain- 
der of  his  or  her  life,  subject,  however,  to  all  the  condi- 
tions contained  in  this  act :  Provided,  That  such  pensioner 
shall  have  paid  into  said  fund,  by  way  of  assessment  or 
otherwise,  not  less  than  one-third  (1-3)  of  the  amount  to 
which  he  or  she  shall  be  entitled  per  annum  as  a  pension. 
And  in  order  to  make  up  such  one-third,  the  board  of  trus- 
tees may  order  the  treasurer  to  deduct  one-half  thereof 
each  of  the  first  two  years  from  the  amount  of  such  pen- 
sion. (R.  S.  1908,  §6555f.) 

289.  Years  of  service — How  computed.  7.  In  comput- 
ing years  of  service  as  provided  in  this  act,  the  board  of 
trustees  may  include  services  as  a  public  school  teacher 
rendered  outside  of  such  city,  not,  however,  in  excess  of 
five  (5)  years,  as  a  portion  of  such  services  necessary  be- 
fore any  teacher  shall  be  entitled  to  any  of  the  benefits 


208  SCHOOL    LAW    OF    INDIANA. 

of  this  act:  Provided,  however,  That  such  teacher  shall 
pay  assessments  based  upon  the  first  annual  salary  re- 
ceived by  him  or  her  in  the  schools  of  such  city  for  the  said 
years  of  service  elsewhere,  in  addition  to  the  assessments 
paid  by  such  teacher  while  in  the  service  of  such  schools, 
before  receiving  any  retirement  pension:  And,  provided 
further,  That  nothing  in  this  section  shall  affect  the  amount 
or  amounts  to  be  paid  into  such  pension  fund  by  school 
teachers  before  being  entitled  to  become  a  pensioner.  And 
any  teacher  may  be  given  leave  of  absence  for  study,  pro- 
fessional improvement  or  temporary  disability  not  exceed- 
ing one  year  at  any  one  time,  and  shall  be  regarded  as 
a  teacher  and  entitled  to  the  benefits  of  this  act :  Provided, 
That  during  such  absence  he  or  she  continues  to  pay  into 
such  fund  the  amount  of  assessment  payable  by  such 
teacher  the  last  year  preceding  such  leave  of  absence.  (R. 
S<  1908,  §6555g.) 

290.  Pensioners — Re-examination.  8.  After  any  teach- 
er shall  have  been  pensioned,  by  reason  of  injury,  dis- 
ability or  disease,  the  board  of  trustees  shall  have  the  right 
at  any  time  to  cause  such  teacher  again  to  be  brought  be- 
fore such  board  and  examined  by  its  physician,  and  also  to 
examine  other  witnesses,  for  the  purpose  of  ascertaining 
whether  such  injury,  disability  or  disease  shall  still  con- 
tinue and  whether  such  teacher  shall  remain  on  the  pension 
roll.  Such  teacher  shall  be  entitled  to  notice  and  to  be 
present  at  the  hearing  of  such  evidence ;  shall  be  permitted 
to  propound  any  question  pertinent  or  relevant  to  such 
matter,  and  shall  also  have  the  right  to  introduce  evidence 
upon  his  or  her  own  behalf.  Such  teacher  and  all  witnesses 
shall  be  examined  under  oath,  and  any  member  of  such 
board  of  trustees  is  hereby  authorized  and  empowered  to 
administer  such  oath.  The  decision  of  such  board  of  trus- 
tees shall  be  final  and  conclusive,  and  no  appeal  shall  be 
allowed  therefrom,  nor  shall  the  same  be  reviewed  by  any 
court  or  other  authority:  Provided,  however,  That  every 
pensioned  teacher  shall  report  to  the  superintendent  of 


SCHOOL    LAW    OF    INDIANA. 


209 


public  schools  of  such  city  whenever  required  so  to  do.  And 
said  superintendent  may  assign  such  teacher  to  such  serv- 
ice or  employment  as  may  be  within  his  or  her  power  to 
perform,  in  the  judgment  of  such  superintendent  of  public 
schools  and  of  the  examining  physician  employed  by  said 
board  of  trustees.  And  during  the  time  of  such  employ- 
ment such  teacher  shall  receive  the  regular  salary  therefor, 
which  shall  be  credited  to  and  deducted  from  the  amount 
payable  to  such  teacher  from  said  pension  fund.  And 
should  any  pension  teacher  recover  from  his  or  her  injury, 
disease  or  disability,  and  again  be  fit  for  regular  duty,  then 
such  teacher  may  again  be  regularly  employed,  and  during 
the  time  of  such  employment,  he  or  she  shall  cease  to  be 
entitled  to  any  payment  out  of  said  pension  fund  because 
of  the  injury,  disease  or  disability  on  account  of  which  such 
teacher  was  originally  retired.  (E.  8.  1908,  §6555h.) 

291.  Service  pension.     9.    Any  teacher  applying  to  be 
pensioned  by  reason  of  length  of  time  of  service  as  in  this 
act  provided,  shall  be  pensioned  and  retired  without  any 
medical    examination,  nor  need  he  or  she  be  under    any 
physical  disability,  and  from  the  time  of  such  pension  and 
retirement  such  teacher  shall  not  be  required  to  render 
further  services  as  such  teacher,  nor  shall  he  or  she  be  de- 
prived of  the  benefits  herein  provided,  except  for  any  cause 
contained  in  section  16  of  this  act.    (R.  S.  1908,  §6555i.) 

292.  Computing"  time.     10.     In  computing  time  under 
the  provisions  of  this  act,  such  time  shall  include  service 
rendered  before,  as  well  as  after,  the  taking  effect  of  this 
act.    (B.  S.  1908,  §6555j.) 

293.  Trustees  —  By-laws.     11.     The  board  of  trustees 
shall  have  the  power  and  authority  to  make  all  necessary 
by-laws  providing  for  the  manner  of  the  election  of  such 
trustees,  to  be  elected  as  in  this  act  provided,  the  counting 
and  canvassing  of  the  votes  for  the  same,  their  meetings, 
for  the  collection  of  all  moneys  and  other  property  coming 

[14—27277] 


210  SCHOOL    LAW    OF    INDIANA. 

or  belonging  to  said  fund,  and  all  other  matters  connected 
with  the  care,  preservation  and  disbursement  of  the  same, 
and  the  proper  execution  of  the  purposes  and  provisions 
of  this  act.  And  any  pension  authorized  by  the  board  un- 
der this  law  shall  be  subject  to  reduction  by  said  board  of 
trustees  whenever  in  its  judgment  the  condition  of  the  pen- 
sion fund,  the  financial  or  other  conditions  of  the  pensioner 
or  any  other  circumstances  render  such  reduction  advis- 
able, proper  or  necessary,  and  any  pension  so  reduced  may 
thereafter  be  restored  or  increased,  as  such  board  may 
deem  best.  (R.  S.  1908,  §6555k.) 

294.  Payments  —  When  refunded  in  part.     12.     Any 
teacher  who  shall  cease  to  teach  in  the  public  schools  of 
such  city  before  receiving  any  benefit  from  the  fund,  shall 
be  entitled  to  the  return  of  one-half  of  the  amount,  without 
interest,  which  shall  have  been  paid  into  said  pension  fund 
by  such  teacher:    Provided,  however,  Should  such  teacher 
thereafter  again  teach  in  the  public  schools  of  such  city, 
he  or  she  shall  refund  to  said  pension  fund  the  amount  so 
returned  to  such  teacher  within  one  year  from  the  date 
of  his  or  her  return  to  service  in  the  schools.    And  should 
any  teacher  die  before  receiving  any  of  the  benefits  or  pen- 
sions by  this  act  provided,  the  board  of  trustees  shall  pay 
to  such  teacher's  heirs  or  estate,  or  either  or  any  of  them, 
as  it  shall  see  tit,  one-half  the  amount  without  interest 
which  shall  have  been  paid  into  said  pension  fund  by  said 
teacher.    (R,  S.  1908,  §65551.) 

295.  Deficiency — Pro  rata  payments.     13.     If  at   any 
lime  there  should  not  be  sufficient  money  in  or  to  the  credit 
of  said  teachers'  pension  fund  to  pay  all  claims  against 
it   in   full,    then    and   in    such   event,    an    equal    percent- 
age shall  be  paid  upon  all  such  claims  to  the  full  extent  of 
the  funds  on  hand,  until  such  pension  fund  shall  be  suffi- 
cient to  pay  all  claims  against  it  in  full.      (R.   S.   1908, 
§6555m.) 

296.  Place  of  payment.     14.     All  pensions  herein  pro- 
vided for  shall  be  paid  by  the  treasurer  of  the  board  of 


SCHOOL    LAW    OF    INDIANA.  211 

school  commissioners  at  his  office  at  the  same  time  and  in 
such  installments  as  the  teachers  of  such  city  shall  be  paid: 
Provided,  however,  That  no  pension  of  any  Kind  whatso- 
ever provided  for  in  this  act  shall  be  paid  prior  to  October 
1,  1908.  (R.  S.  1908,  §6555n.) 

297.  Pensions  exempt  from  seizure.     15.    All  pensions 
granted  and  payable  out  of  said  teachers'  pension  fund 
shall  be  and  are  exempt  from  seizure  or  levy  upon  attach- 
ment, execution,  supplemental  process,  and  all  other  proc- 
ess, whether  mesne  or  final ;  and  such  pensions  or  any  pay- 
ment of  the  same  shall  not  be  subject  to  sale,  assignment 
or  transfer  by  any  beneficiary,  and  such  transfer  shall  be 
absolutely  void.    (R.  S'.  1908,  §6555o.) 

298.  Cancellation  of  pension.    16.    Whenever  any  such 
person  who  shall  have  received  any  benefit  from  said  fund 
shall  be  convicted  of  any  felony,  or  of  any  misdemeanor 
for  which  he  or  she  shall  be  adjudged  to  be  imprisoned,  or 
shall  fail  to  report  for  examination  for  duty  as  required 
herein,  unless  excused  by  the  board  of  trustees  of  such  city, 
or  shall  disobey  the  requirements  of  said  board  of  trustees 
in  respect  to  said  examination  for  duty,  or  shall  fail  to 
perform  such  duty  as  may  be  required  of  him  or  her  if 
found  able  to  perform  such  duty,  then  such  board  shall 
order  that  the  pension  allowed  and  paid  to  him  or  her  shall 
cease  until  the  further  order  of  such  board.     (R.  S.  1908, 
§6555p.) 

299.  Teacher  defined.     17.     The  term  teacher  as  used 
in  this  act  shall  mean  and  include  any  principal,  assistant 
principal,  assistant  superintendent,   supervisor,  assistant 
supervisor,  persons  in  charge  of  any  special  department  of 
instruction,  and  any  teacher  or  instructor  regularly  em- 
ployed as  such  by  the  board  of  school  commissioners  of 
such  city.    (R,  S.  1908,  §6555q.) 


212 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XII. 

SCHOOLS  IN  CITIES  OF  55,000  TO  63,000. 


SEC. 
300. 

301. 
302. 
303. 


Cities  of  55,000  to  63,000— Board  of  School 

Trustees. 

Qualification — Interest  in  contracts — Salary. 
Election — Terms — Petition'for  candi  dates. 
Next  election — Five  to  be  chosen. 


SEC. 

304.  Present  incumbents  or  electives. 

305.  Take  office  as  vacancies  occur. 

306.  Future  census— Effect. 

307.  Pending  litigation. 


[1911,  p.  358.    Approved  March  4, 1911.] 

300.  Cities  55,000  to  63,000— Board  of  School  Trustees. 
1.  The  government  of  the  common  schools  in  cities  having  a 
population  of  more  than  fifty-five  thousand  inhabitants  and 
less  than  sixty-three  thousand  inhabitants,  according  to  the 
last  preceding  United  States  census,  shall  be  vested  in  a 
board  of  school  trustees,  which  shall  consist  of  five  mem- 
bers, elected  in  the  manner  hereinafter  provided. 

This  act  applies  only  to  Terre  Haute,  which  has  by  the  census  of  1910 
a  population  of  58,157. 

301.  Qualifications  —  Interest  in  contracts  —  Salary.    2. 

The  members  of  such  board  of  school  trustees  shall  be  at 
least  twenty-five  years  of  age,  residents  of  the  city,  and  shall 
have  been  such  residents  of  the  city  for  at  least  three  years 
immediately  preceding  their  election.  They  shall  be  in- 
eligible to  any  elective  or  appointive  office  under  such  board 
of  school  trustees  and  under  the  government  of  such  city 
while  holding  membership  on  said  board.  They  shall  not 
be  interested  in  any  contract  with,  or  claim  against  the 
school  city  in  which  they  are  elected,  either  directly  or  in- 
directly: Provided,  That  this  act  shall  not  be  construed  to 
prevent  any  one,  otherwise  eligible,  who  is  connected  as  offi- 
cer or  stockholder  in  financial  institutions  holding  school 
fund  deposits  under  the  state  depository  law  from  holding 
such  office  as  school  trustee.  If  at  any  time  after  the  elec- 
tion of  any  member  of  said  board,  he  shall  become  interested 
in  any  such  contract  with,  or  claim  against  said  school  city. 


SCHOOL    LAW    OF    INDIANA.  213 

he  shall  thereupon  be  disqualified  to  continue  as  a  member 
of  said  board,  and  a  vacancy  shall  thereby  be  created. 
Every  member  of  said  board  shall,  before  assuming  the 
duties  of  his  office,  take  an  oath  before  some  one  qualified 
to  administer  oaths  that  he  possesses  all  the  qualifications 
required  by  this  act,  that  he  will  honestly  and  faithfully  dis- 
charge the  duties  of  his  office,  that  he  will  not,  while  serving 
as  a  member  of  such  board,  become  interested  directly  or 
indirectly,  in  any  contract  with,  or  claim  against  said  school 
city,  and  that  he  will  not  be  influenced  during  his  term  of 
office,  by  any  consideration  of  politics  or  religion,  or  any- 
thing except  that  of  merit  and  fitness  in  the  appointment  of 
officers  and  the  engagement  of  employes.  Each  member  of 
such  board  of  school  trustees  shall  receive  as  compensation 
for  his  services  herein  the  sum  of  five  hundred  dollars 
($500.00)  per  annum. 

302.  Election — Terms — Petition  for  candidates.  3.  The 
said  board  of  school  trustees  shall  be  elected  on  a  general 
ticket  for  a  term  of  four  years  by  the  voters  of  any  such 
city  qualified  to  vote  at  its  city  elections.  The  members  of 
such  board  shall  be  elected  at  the  regular  city  election  of 
such  civil  city,  and  shall  be  taken  from  the  city  at  large 
without  reference  to  districts,  and  such  election  shall  be 
held  under  the  provisions  of  the  general  laws  governing 
such  city  elections,  so  far  as  they  are  not  inconsistent  with 
the  provisions  of  this  act.  Not  later  than  thirty  days  be- 
fore any  election  for  members  of  the  board  of  school  trus- 
tees provided  for  in  this  act,  legal  voters  of  such  city  may 
present  names  of  candidates  for  election  as  members  of  said 
board  of  school  trustees  to  a  board  of  canvassers,  consist- 
ing of  the  mayor,  the  clerk  and  the  comptroller  of  said  city 
in  the  manner  following:  Each  candidate  shall  be  proposed 
in  writing  by  not  fewer  than  two  hundred  legal  voters  of 
such  city.  No  more  than  five  candidates  may  be  named  in 
any  one  petition  and  no  legal  voter  may  sign  for  more  than 
five  candidates  on  petition  or  petitions  for  any  one  election. 
Upon  the  presentation  of  such  petition  to  said  board  of  can- 
vassers, the  said  board  of  canvassers  shall  publish  for  five 


214  SCHOOL  LAW  OF  INDIANA. 

days  the  names  proposed,  in  at  least  two  of  the  daily  news- 
papers printed  and  published  in  said  city,  and  shall  certify 
at  the  time  required  by  law  such  nominations  to  the  regular 
board  of  election  commissioners  for  said  city  election,  who 
shall  prepare  ballots  printed  on  plain  paper  which  shall 
contain  the  names  of  all  such  candidates,  arranged  in  or- 
der to  be  determined  according  to  lot  by  said  board  of 
canvassers.  There  shall  be  nothing  on  said  ballot,  except 
as  otherwise  provided  herein,  and  except  the  names  of  the 
candidates  and  the  offices  to  be  filled,  together  with  the 
square  in  front  of  each  name  and  a  statement  at  the  head 
of  the  ticket  of  the  number  of  trustees  for  whom  the  elec- 
tor may  vote.  Such  ballot  shall  be  voted  at  said  regular 
city  election  and  deposited  in  a  separate  ballot  box  pro- 
vided for  the  purpose.  The  name  of  any  candidate  shall 
not  be  thus  published  and  placed  on  the  official  ballot  by 
the  said  board  of  canvassers  if  it  shall  appear  that  lie  is 
ineligible  for  membership  on  the  said  board  of  school  trus- 
tees under  the  provisions  of  section  two  (2)  of  this  act. 
Each  elector  may  vote  for  five  candidates  by  making  a 
cross  in  the  square  opposite  the  name  of  each  candidate 
for  whom  he  votes.  The  five  candidates  who  have  the  high- 
est number  of  votes  shall  be  declared  elected.  The  va- 
cancies in  said  board  of  school  trustees  shall  be  temporarily 
filled  by  the  board  as  soon  as  practicable  after  such  vacancy 
occurs,  except  as  hereinafter  provided.  Any  such  member 
so  chosen  to  fill  such  vacancy  shall  hold  office  until  the  first 
Monday  in  January  following  the  next  general  city  election, 
and  until  his  successor  is  elected  and  qualified:  Provided, 
however,  That  in  case  the  term  of  any  trustee-elect  as  pro- 
vided in  section  5  of  this  act,  shall  commence  at  the  date  of 
any  vacancy  occurring  prior  to  the  first  Monday  in  Janu- 
ary following  the  next  general  city  election  after  the  taking 
effect  of  this  act,  then  in  that  event,  the  then  board  of  school 
trustees  shall  not  fill  such  vacancy  but  it  shall  be  filled  by 
such  trustee-elect,  who  shall  serve  as  provided  in  section  5 
herein;  and  that  in  case  the  term  of  office  of  any  such  trus- 
tee-elect shall  commence  at  a  date  subsequent  to  the  date 
when  such  vacancy  occurs,  the  term  of  office  of  the  trustee 


SCHOOL    LAW    OF    INDIANA.  215 

chosen  by  the  board  to  fill  such  vacancy  shall  extend  only 
to  the  date  of  the  commencement  of  the  term  of  such  trus- 
tee-elect and  until  such  trustee-elect  is  qualified,  and  such 
trustee-elect  shall  serve  as  provided  in  section  five  (5)  of 
this  act. 

» 

303.  Next  election — Five  to  be  chosen.    4.    At  the  next 
general  city  election  after  the  taking  effect  of  this  act,  five 
members  of  the  board  of  school  trustees  shall  be  elected  to 
serve  as  herein  provided,  and  each  of  said  trustees  shall 
hold  office  for  a  term  of  four  yearsj  and  until  his  successor 
is  elected  and  qualified. 

304.  Present  incumbents  or  electives.    5.    School  -trus- 
tees holding  office  in  such  cities  at  the  time  of  taking  effect 
of  this  act  who  obtained  such  office  by  election  by  popular 
vote,  or  by  appointment  by  the  city  common  council,  and 
school  trustees-elect  who  obtained  such  election  by  popular 
vote,  or  by  appointment  by  the  city  common  council,  whose 
terms  of  office  have  not  commenced  at  the  time  of  the  taking 
effect  of  this  act,  shall  continue  to  hold,  and  take  and  hold, 
office  therein  respectively  as  such  school  trustee  in  such 
cities  during  the  terms  of  office  for  which  they  were  so 
elected  and  so  appointed.    And  if  any  such  city  shall  have 
a  less  number  of  trustees  than  five  at  the  time  of  the  taking 
effect  of  this  act,  the  full  number  of  five  shall  immediately 
be  made  up  by  the  then  board  of  school  trustees  of  such  city 
selecting  persons  to  fill  the  place  or  places  on  such  board  of 
school  trustees,  and  the  new  member  or  members  so  se- 
lected shall  serve  until  the  first  Monday  in  January  after 
the  next  general  city  election  and  until  his,  or  their  succes- 
sor or  successors  are  elected  and  qualified. 

305.  Take  office  as  vacancies  occur.    6.    The  five  trustees 
elected  as  provided  by  section  four  (4)  of  this  act  shall  take 
office  as  vacancies  may  occur  by  reason  of  the  expiration  of 
the  terms  of  office  of  the  trustees  as  provided  in  sections 
three  (3)  and  five  (5)  herein,  and  said  trustees  shall  take 
office  in  the  order  of  the  highest  number  of  votes  received 


216  SCHOOL    LAW    OF    INDIANA. 

at  said  election.  If  any  number  of  said  trustees  shall  re- 
ceive the  same  number  of  votes,  the  order  in  which  they 
shall  respectively  take  their  office  shall  be  determined  by 
lot.  At  each  succeeding  general  city  election,  there  shall 
be  elected  five  school  trustees  who  shall  respectively  suc- 
ceed the  members  serving  as  school  trustees  of  any  such 
city,  upon  the  expiration  of  their  respective  terms  of  office, 
in  the  same  order  as  hereinbefore  provided.  And  each  of 
said  trustees,  shall  hold  office  for  a  term  of  four  years  and 
until  their  successors  respectively  are  elected  and  qualified. 

306.  Future  census  —  Effect.     7.     Whenever  any  city 
which  has  not  the  requisite  population  to  bring  it  within  the 
provisions  of  this  act  shall,  according  to  any  United  States 
census  hereafter  taken,  have  a  population  of  more  than  fifty- 
five  thousand  inhabitants,  and  less  than  sixty-three  thou- 
sand inhabitants,  then  this  act  shall  in  all  respects  apply  to 
and  govern  such  city  from  thenceforth. 

307.  Pending  litigation.    8.    It  is  the  meaning  and  inten- 
tion of  this  act,  that  the  same  shall  not  affect  any  pending 
litigation  but  the  same  shall  be  concluded,  and  judgment 
rendered  and  enforced  as  if  this  act  had  never  been  passed ; 
and  that  all  school  trustees  in  cities  contemplated  by  this 
act  now  legally  in  office,  or  which  are  elected  and  are  here- 
after to  take  office,  under  a  valid  law  of  this  state,  shall  do 
so,  and  all  questions  as  to  the  legality  or  illegality  of  their 
election  shall  not  be  disturbed  by  the  provisions  of  this  act. 


SCHOOL    LAW    OF    INDIANA.  217 


CHAPTER  XIII. 

SCHOOLS  IN  CITIES  OF  45,000  TO  55,000. 


SEC. 

308.  Cities  of  45,000  to  55,000. 

309.  Power  of  School  Board. 

310.  Buildings— Bonds. 


SEC. 

311.  Special  tax. 

312.  Proceeds  of  bonds . 

313.  Population. 


[1901,  p.  21.     Approved  February  20,  1901.     In  force  May,  1901.] 

308.  Cities  of  45,000  to  55,000.    1.    All  cities  of  this  state 
having  a  population  exceeding  forty-five  thousand  (45,000), 
and  less  than  fifty-five  thousand  (55,000),  according  to  the 
last  preceding  United  States  census,  have  been  heretofore 
and  are  hereby  declared  to  be  and  are  made  school  corpora- 
tions for  school  purposes,  separate  and  distinct  from  the 
civil  corporations  of  such  cities,  and  shall  be  known  and 

designated  as  the  school  city  of (naming  the  city) ; 

and  the  several  boards  of  school  trustees  of  such  cities  shall 
represent  and  be  vested  with  all  the  authority  and  powers 
of  such  school  cities,  and  with  the  management  and  con- 
trol of  the  common  schools  thereof.     (R.  S.  1908,  §6509.) 

309.  Powers  of  school  board.     2.     The  general  school 
laws  of  this  state,  and  all  laws  and  parts  of  laws,  applicable 
to  the  general  system  of  common  schools  in  cities,  and  not 
inconsistent  therewith,  shall  be  in  full  force  in  such  cities. 
And  such  boards  of  school  trustees  shall  also  have  and  ex- 
ercise all  the  powers  heretofore  or  hereafter  conferred  upon 
the  school  trustees  of  the  same  or  other  cities  of  the  state. 
(R  S.  1908,  §6510.) 

310.  Building— Bonds.     3.     Such  board  of  school  trus- 
tees in  any  such  city  may  purchase  land  and  erect  thereon  a 
building  or  buildings  for  the  purposes  of  a  high  school  and 
a  manual  training  school.    For  the  purpose  of  raising  the 
necessary  funds  to  purchase  such  grounds,  and  for  the  erec- 
tion of  such  buildings,  such  board  of  trustees  may  borrow 


218  SCHOOL    LAW    OF    INDLANA. 

money,  and  from  time  to  time  issue  and  sell  the  negotiable 
bonds  of  such  school  city,  in  such  sums  and  denominations 
as  to  said  board  may  seem  advisable,  drawing  not  to  exceed 
four  per  cent,  interest  per  annum,  payable  semi-annually 
and  running  such  length  of  time,  not  to  exceed  twenty 
years,  and  payable  at  such  place  as  to  said  board  may  seem 
best,  and  the  said  board  shall  have  the  power  to  refund  said 
bonds,  or  any  part  thereof,  and  to  issue  and  sell  other 
bonds,  in  lieu  of  those  taken  up  and  paid,  by  issuing  and 
selling  similar  bonds  of  such  city:  Provided,  however, 
That  the  aggregate  amount  of  such  bonds  outstanding  at 
any  time  shall  not  exceed  one  hundred  and  twenty-five 
thousand  dollars  ($125,000).  Such  bonds  shall  be  executed 

by  and  in  the  name  of  the  board  of  school  trustees  of 

(naming  the  city)  by  the  president  of  the  board,  which  such 
board  shall  have  power  to  adopt  and  use,  and  shall  be  at- 
tested by  the  treasurer  or  secretary  of  such  board,  and 
when  so  executed  and  issued  they  shall  constitute  an  in- 
debtedness of  the  school  city  on  account  of  and  for  the 
benefit  of  which  they  are  issued,  and  such  school  city  issu- 
ing the  same  shall  be  liable  for  and  shall  assume  and  pay 
such  bonds.  (E.  S.  1908,  §6511.) 

311.  Special  tax.    4.    Said  boards  of  school  trustees  shall 
have  the  power  to,  and  shall  levy  a  special  tax  sufficient  to 
pay  the  interest  on  such  bonds,  and  to  create  a  sinking  fund 
for  the  payment  of  the  principal  thereof,  when  due:    Pro- 
vided, however,  That  the  total  tax  levied  for  the  payment 
of  such  interest  and  sinking  fund,  and  for  the  construction 
and  repair  of  school  buildings,  to  provide  furniture,  school 
apparatus  and  fuel,  and  for  the  payment  of  other  necessary 
expenses  of  the  schools  of  such  city   (except  for  tuition, 
library  and  compulsory  educational  purposes),  shall  not  ex- 
ceed the  sum  of  fifty  cents  on  each  hundred  dollars'  worth 
of  taxable  property  and  one  dollar  on  each  poll  in  such 
cities  in  any  one  year.     (E.  S.  1908,  §6512.) 

312.  Proceeds  of  bonds.    5.    The  proceeds  of  the  sale  of 
such  bonds  shall  be  paid  to  the  treasurer  of  said  board  of 
school  trustees,  to  enable  such  board    to    pay    for    such 


SCHOOL    LAW    OF    INDIANA. 


219 


grounds  and  erect  such  building  or  buildings;  but  before 
the  issue  or  sale  of  such  bonds  such  treasurer  shall  make 
and  file  with  the  county  auditor  a  bond,  payable  to  the  state 
of  Indiana,  in  a  sum  not  less  than  the  full  amount  of  such 
bonds  to  be  issued  and  sold,  and  with  security,  to  be  ap- 
proved by  said  auditor  conditioned  for  the  faithful  and  hon- 
est application  of  such  money  to  the  purposes  for  which  the 
same  was  provided;  and  such  treasurer,  and  such  surety 
and  sureties  on  such  bond,  shall  be  liable  on  a  suit  on  such 
bond  for  any  waste,  misapplication  or  loss  of  such  money 
in  the  same  manner  and  to  the  same  extent  as  now  provided 
for  waste  or  loss  of  school  revenue.  (R.  S.  1908,  §6513.) 

313.  Population.  6.  Whenever  any  city  which  has  not 
the  requisite  population  to  bring  it  within  the  provisions  of 
this  act  shall,  according  to  any  United  States  census  here- 
after taken,  have  a  population  of  more  than  forty-five  thou- 
sand (45,000),  and  less  than  fifty-five  thousand  (55,000), 
then  this  act  shall  in  all  respects  apply  to  and  govern  such 
city  from  thence  forward.  (E.  S.  1908,  §6414.) 

When  this  law  was  enacted  in  1001.  F.jrt  Wayne  had  a  population  of 
45,115.  and  was  the  only  city  to  which  it  applied.  By  the  census^of  1910, 
Fort  Wayne  lias  a  population  of" 63,933,  and  has  therefore  passed  out  of 
the  class.  South  Bend  comes  into  the  class  by  the  census  of  1910,  with  a 
population  of  53,684. 


220 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XIV. 

TAXATION. 


SEC. 

314.  State  tax  levy. 

315.  Uniform  tax. 

316.  Special  school — Used  to  pay  teachers. 

317.  Assessment  and  collection. 

318.  Supplementary  tuition  fund. 

319.  Local  tax — How  applied. 


SEC. 


321. 


322. 
323. 


Tax  for  town  school  house  and  to  support 

town  schools. 
State  educational  institutions — Amount  of 

tax — Division. 

Permanent  fund  not  affected. 
Repeal  not  to  affect  taxes  when  levied. 


[1907,  p.  505.    Approved  March  11,  1907.] 

314.  State  tax  levy.    1.    There  shall  be  in  the  year  1907, 
and  annually  thereafter,  assessed  and  collected  as  state 
and  county  revenues  are  collected,  thirteen  cents  and  six 
mills  on  each  one  hundred  dollars  worth  of  taxable  property, 
real  and  personal  in  this  state,  and  in  addition  thereto  a 
poll  tax  of  fifty  (50c)  cents  upon  each  legal  voter  in  the 
state,  which  money  when  collected  shall  be  paid  into  the 
state  treasury  for  a  common  school  tuition  fund,  and  shall 
be  apportioned  to  the  several  counties  in  the  manner  pro- 
vided in  said  act,  section  one  of  which  is  hereby  amended. 
(R.  S.  1908,  §6432.) 

1.    An  act  o£  1873  (p.  216)   legalized  tax  levies  for  tuition  made  by 
school  trustees  of  cities  prior  to  January  21,  1S75. 

[1869,  p.  41.    Approved  and  in  force  May  13,  1869.] 

315.  Uniform  tax.    1.    In  assessing  and  collecting  taxes 
for  school  purposes  under  existing  laws,  all  property,  real 
and  personal,  subject  to  taxation  for  state  and  county  pur- 
poses, shall  be  taxed  for  the  support  of  common  schools, 
without  regard  to  the  race  or  color  of  the  owner  of  the 
property.     (R.  S.  1908,  §6440.) 

[1905,  p.  491.    Approved  March  7, 1905.] 

316.  Special  school  tax — Used  to  pay  teachers.    12.    The 
trustees  of  the  several  townships,  towns  and  cities,  shall 
have  the  power  to  levy  a  special  tax,  in  their  respective 


SCHOOL    LAW    OF    INDIANA.  221 

townships,  towns  or  cities,  for  the  construction,  renting  or 
repairing  of  school  houses,  providing  furniture,  school  ap- 
paratus, and  fuel  therefor,  and  for  the  payment  of  other 
necessary  expenses  of  the  school,  including  tuition  and 
teachers '  salaries,  whenever  in  any  current  year  the  tuition 
funds  shall  have  been  exhausted;  but  no  tax  shall  exceed 
the  sum  of  fifty  (50)  cents  on  each  one  hundred  dollars 
($100.00)  worth  of  taxable  property,  and  one  dollar  ($1.00) 
on  each  poll,  in  any  one  year,  and  the  income  from  said 
tax  shall  be  denominated  the  special  school  revenue.  (R.  S. 
1908,  §6441.) 

1.  COMMISSIONERS  HAVE  NO  CONTROL.     By  the  above  section  the  legis- 
lature amended  the  act  of  1865,  giving  trustees  the  absolute  right  to  levy 
a   special  tax  by  increasing  the  amount  from  twenty -five  cents  to  fifty 
cents,  and  reaffirming  the  former  law,  otherwise  in  the  very  words  of  it. 
This  clearly  removes  all  authority  of  commissioners  over  the  trustees  in 
making  their  special  school  levies. — Cole  v.  State,  131  Ind.  591 ;  Shepard 
son  v.  Gillette,  133  Ind.  125. 

2.  BANK  STOCK.     Shares  of  bank  stock  in  a  national  bank  are  liable 
to  the  special  tax  authorized  by  this  section. — Daniels  v.  Strader,  39  Ind. 
63;  Root  v.  Erdelnieyer,  37  Ind.  225,  affirming  1  Wilson  99. 

3.  WHO  LEVIES  AND  COLLECTS.     The  township  trustee  makes  the  recom- 
mendation of  a  certain  rate  of  taxation,  but  the  township  advisory  board 
makes  the  levy.     Under  the  old  law  the  township  trustee  might  levy. — 
Heal  v.  Jefferson  Tp.,  15  Ind.  431 ;  Cole  v.  State.  131  Ind.  591 :  Shepardson 
v.  Gillette,  333  Ind.  125:  Adamsou  v.  Auditor,  9  Ind.  174. 

[1865,  p.  3.    Approved  March  6,  1865.] 

317.  Assessment  and  collection.  13.  The  county  audi- 
tor shall,  upon  the  property  and  polls  liable  to  taxation  for 
state  and  county  purposes,  make  the  proper  assessments 
of  special  school  tax  levied  by  the  trustee,  in  the  same  man- 
ner as  for  state  and  county  revenue,  and  shall  set  down  the 
amount  of  said  tax  on  his  tax-list  and  duplicate  thereof,  as 
other  taxes  are  set  down,  in  appropriate  columns;  and  he 
shall  extend  said  assessment  to  the  taxable  property  of  the 
person  transferred,  which  is  situate  in  the  township,  town 
or  city  to  which  the  transfer  is  made,  and  to  the  property 
and  poll  of  the  person  transferred,  situate  in  the  township, 
town  or  city  in  which  the  person  taxed  resides,  according 
to  the  rate  and  levy  thereof  in  the  township,  town  or  city 
to  which  the  transfer  is  made,  and  for  its  use ;  and  said  tax 


222  SCHOOL    LAW    OF    INDIANA. 

shall  be  collected  by  the  county  treasurer  as  other  taxes 
are  collected,  and  shall  be  paid,  when  collected,  to  the 
treasurer  for  school  purposes  of  the  proper  township,  town 
or  city,  upon  the  warrant  of  the  county  auditor.  To  en- 
able county  auditors  correctly  to  assess  said  tax,  the  county 
superintendents  of  the  several  counties  shall,  at  the  time 
they  make  out  and  report  to  the  auditor  the  basis  of  the 
apportionment  of  school  revenue  for  tuition,  as  is  required 
by  section  4432  [§118],  make  out  and  report  to  said  audi- 
tor a  statement  of  transfers  which  have  been  made  for 
school  purposes  according  to  sections  4472.  (R.  S.  1908, 
§6442.) 

11803,  p.  409.    Approved  March  9. 1903.1 

318.  Supplementary  tuition  fund.  1.  The  school  trus- 
tees of  the  several  townships,  towns  and  cities  shall  have 
power  to  levy  annually  a  tax  not  exceeding  fifty  cents  on 
each  one  hundred  dollars  of  taxable  property  and  twenty- 
five  cents  on  each  taxable  poll,  which  tax  shall  be  assessed 
and  collected  as  the  taxes  of  the  state  and  county  revenues 
are  assessed  and  collected,  and  the  revenues  arising  from 
such  tax  levy  shall  constitute  a  supplementary  tuition  fund, 
to  extend  the  terms  of  school  in  said  townships,  towns  and 
cities  after  the  tuition  fund  apportioned  to  such  townships, 
towns  and  cities  from  the  state  tuition  revenues  shall  be  ex- 
hausted :  Provided,  however,  That  should  there  be  remain- 
ing in  the  tuition  fund  of  any  township,  town  or  city  levying 
such  tax  at  the  close  of  any  school  year  any  unexpended  bal- 
ances of  such  supplementary  tuition  fund  assessed  and 
collected  for  use  in  such  school  year,  or  previous  years, 
equal  to  or  exceeding  in  amount  one  cent  upon  each  one 
hundred  dollars  of  taxable  property  in  said  township,  town 
or  city,  then  it  shall  be  the  duty  of  the  county  auditor  to 
take  notice  of  the  same,  and  at  the  time  when  the  trustee  or 
trustees  of  such  school  corporation  shall  make  the  annual 
levy  for  such  tax  such  trustee  or  trustees  shall  make,  under 
oath,  an  estimate  of  the  amount  of  supplementary  tuition 
fund  that  will  be  required  to  meet  the  actual  expenses  of 
the  schools  for  the  next  school  year,  and  from  such  estimate 


SCHOOL    LAW    OF    INDIANA.  223 

said  auditor  shall  deduct  the  unexpended  balance  of  such 
fund  in  such  trustee  or  trustees '  hands  on  the  first  Monday 
of  July,  and  the  said  trustee  or  trustees  shall  make  a  levy 
not  larger  than  shall  be  sufficient  to  produce  a  supplemental 
revenue  equal  to  the  corporation  as  well  as  upon  money 
capital  paid  in :  Provided,  That  this  act  shall  not  apply  to 
waterworks  companies.  (E.  S.  1908,  §6443.) 

[1895.  p.  153.    Approved  March  7, 1895.] 

319.  Local  tax,  how  applied.    2.    The  funds  arising  from 
such  tax  shall  be  under  the  charge  and  control  of  the  same 
officers,  secured  by  the  same  guarantees,    subject    to    the 
same  rules  and  regulations,  and  applied  and  expended  in 
the  same  manner  as  funds  arising  from  taxation  for  com- 
mon school  purposes  by  the  laws  of  this  state :    Provided, 
That  the  funds  assessed  and  collected  in  any  school  town- 
ship, school  town  or  school  city  shall  be  applied  and  expend- 
ed in  the  same  school  township,  town  or  city  in  which  such 
funds  shall  have  been  assessed  and  collected.     (R.  S.  1908, 
§6444.) 

1.     ANTICIPATING.     This  revenue  is  not  forbidden  to  be  anticipated,  as 
is  the  state's  tuition  revenue. — Harney  v.  Wooden,  30  Tnd.  178. 

U905,  p.  219.    Approved  March  6,  1905.) 

320.  Tax  for  town  school  house  and  to  support  town 
schools.     31.     The  board  of  town  trustees  shall  have  the 
following    powers:  Nineteenth.      To    erect    or 
provide  such  school  houses  as  may  be  necessary  for  the  use 
of  the  schools  of  the  town,  to  complete  school  houses  in 
process  of  erection  and  provide  for  the  payment  of  the  cost 
of  the  same,  to  keep  all  such  school  houses  in  repair  and  to 
provide  fuel  and  other  necessaries  therefor.     (R.  S.  1908, 
§9005.) 

[1903,  p.  155.    Approved  March  3,  1903.] 

321.  State  educational  institutions — Amount  of  tax — Di- 
vision.   1.    There  shall.be  assessed  and  levied  upon  the  tax- 
able property  of  the  State  of  Indiana  in  the  year  1903,  and 
in  each  year  thereafter,  for  the  use  and  benefit  of  the  Indiana 


224  SCHOOL    LAW    OF    INDIANA. 

university,  Purdue  university,  and  the  Indiana  state  normal 
school,  to  be  apportioned  as  hereinafter  in  this  act  provided, 
a  tax  of  two  and  three-fourths  cents  on  every  on  hundred 
dollars  of  taxable  property  in  Indiana,  to  be  levied,  assessed, 
collected  and  paid  into  the  treasury  of  the  state  of  Indiana, 
in  like  manner  as  other  state  taxes  are  levied,  assessed*  col- 
lected and  paid.  And  so  much  of  the  proceeds  of  said  levy  as 
may  be  in  the  state  treasury  on  the  first  day  of  July  and  the 
first  day  of  January  of  each  year  shall  be  immediately  there- 
after paid  over  to  the  board  of  trustees  of  the  respective  in- 
stitutions for  which  the.  tax  was  levied,  to  be  distributed  and 
apportioned  among  them  severally  upon  the  basis  as  follows, 
viz :  To  the  said  trustees  of  the  Indiana  university  upon  the 
basis  of  four-elevenths  (4-11)  of  the  total  proceeds  of  this 
tax;  to  the  trustees  of  Purdue  university  upon  the  basis 
of  four-elevenths  (4-11)  of  the  total  proceeds  of  this  tax; 
and  to  the  trustees  of  the  Indiana  state  normal  school  upon 
the  basis  of  three-elevenths  (3-11)  of  the  total  proceeds  of 
this  tax,  and  the  auditor  of  state  of  Indiana  is  hereby  di- 
rected to  draw  proper  warrants  therefor,  and  on  or  before 
the  tenth  day  of  January  and  July  of  each  year  the  trustees 
of  the  Indiana  university,  Purdue  university,  and  the  In- 
diana state  normal  school  shall  file,  or  cause  to  be  filed, 
with  the  auditor  of  state  a  sworn  and  itemized  statement 
of  their  receipts  from  all  sources,  including  all  tuition  fees, 
and  other  revenues  derived  from  students,  contingent  fees, 
interest  from  permanent  endowment  fund,  the  proceeds  of 
the  tax  provided  in  this  act,  and  all  other  receipts  of  every 
kind,  character  and  description,  together  with  a  full,  de- 
tailed, itemized  and  sworn  statement  of  their  expenditures 
for  all  purposes,  including  maintenance  and  permanent 
improvements,  the  amount  paid  each  member  of  the  faculty, 
trustees,  all  other  officers  of  the  institution,  and  file  with 
such  report  a  copy  of  the  receipts  for  each  separate  item  of 
the  expenditures,  it  being  the  intention  of  this  act  that  the 
reports  hereinbefore  provided  for  shall  set  out  in  full  and 
in  detail  all  expenditures  of  every  kind,  character  and  de- 
scription; and  from  and  after  this  act  is  in  force  it  shall 


SCHOOL    LAW    ()K    INDIANA.  225 

be  unlawful  for  the  auditor  of  state  to  issue  any  warrant 
to  the  Indiana  university,  Purdue  university,  or  the  Indi- 
ana state  normal  school  until  they  have  filed  their  reports 
as  required  by  this  act,  (B.  S.  1908,  §6824.) 

322.  Permanent  fund  not  affected.    2.    Nothing  in  this 
act  shall  affect  in  any  way  any  permanent  fund  that  may 
belong  to,  or  may  have  been  appropriated  for  either  the  In- 
diana university,  or  Purdue  university,  named  in  this  act: 
And  provided,  further,  That  no  part  of  the  general  school 
revenue  of  the  state  shall  be  deducted  or  set  apart  to  the 
state  normal  school  fund.     (E.  S.  1908,  §6825.) 

323.  Repeal  not  to  affect  taxes  then  levied.    3.    All  laws 
and  parts  of  laws  in  conflict  with  the  provisions  of  this  act 
be,  and  the  same  are,  hereby  repealed.    Provided,  however, 
That  the  right  of  said  Indiana  university,  Purdue  univer- 
sity, and  the  Indiana  state  normal  school  to  the  taxes  here- 
tofore levied  under  the  above  mentioned  and  entitled  act 
approved  March  8,  1895,  as  amended  by  the  above  men- 
tioned and  entitled  act  approved  March  4,  1899,  is  not 
hereby  in  anywise  impaired  but  is  preserved. 


[15—27277] 


226 


SCHOOL    LAW     OF    I.XDIANA. 


CHAPTER  XV. 

APPORTIONMENT  OF  REVENUE. 


SEC. 

324.  To  be  made  semi-annually. 

325.  Reports  of  County  Auditors. 

326.  When  and  what  County  Auditor  reports. 

327.  When  Congressional  Township  divided. 

328.  Auditor  failing  to  report — Penalty. 

329.  Printed  statement. 

330.  Payment  to  counties. 

331.  Payment  of  excess. 

332.  Unapportioned  balances. 

3  33.  County  Auditor's  apportionment. 


SEC. 

334.  State  tax  levy. 

335.  Apportionment  among  counties. 

336.  Distribution  of  5.2%  of  fund. 

337.  Town  or  township  deficiency. 

338.  Superintendent  and  Auditor. 

339.  Uses  of  fund. 

340.  Liability  for  fund. 

341.  Surplus. 

342.  Interest  on  sinking  fund. 

343.  Surplus  dog  tax  fund. 


[1897,  p.  291.    Approved  March  8, 1897.] 

324.  To  be  made  semi-annually,     109.     There  shall  be 
two  apportionments  of  the  school  revenue  for  tuition  made 
in  each  year  by  the  state  superintendent  of  public  instruc- 
tion— one  on  the  fourth  Monday  in  June,  and  the  other  on 
the  first  day  of  January,  unless  the  said  day  of  the  month 
should  be  Sunday,  and,  if  so,  on  the  day  following.     (R.  S. 
1908,  §6465.) 

325.  Reports  of  county  auditors.     110.     To  enable  the 
superintendent  to  make  said  apportionments,  and  to  ascer- 
tain the  amount  of  said  revenue  collected  and  ready  for  that 
purpose,  the  auditors  of  the  several  counties  of  the  state 
shall,  promptly,  after  making    the    settlements    with  the 
county  treasurers  of  the  respective  counties  in  May  for  the 
amount  collected  on    tax    list,    and    in    December  for  the 
amount  of  delinquent  tax  collected,  make  report  to  said  su- 
perintendent of  the  precise  amount  of  school  revenue  for 
tuition  collected  in  their  respective  counties  and  ready  for 
apportionment  and  distribution;  which  report  shall  be  veri- 
fied by  the  oath  or  affirmation  of  the  auditor  indorsed  there- 
on.   (B.  S.  1908,  S6466.) 

326.  When  and  what'  county  auditor  reports.    11.    The 
first  of  said  reports  in  each  year  shall  not  be  delayed  later 


SCHOOL    LAW    OF    INDIANA.  227 

than  the  third  Monday  in  June,  and  the  second  not  later 
than  the  twenty-fifth  day  of  December.  Said  report  shall 
show — 

First.  The  amount  of  school  tax  collected  since  the  last 
report,  whether  upon  the  current  year's  tax  list  or  delin- 
quent tax. 

Second.  The  amount  of  interest  collected  since  the  last 
semi-annual  report,  and  the  amount,  if  any,  not  previously 
reported,  upon  loans  of  common  school  funds,  and  on  any 
indebtedness  which  is  due  or  payable  to  said  funds,  arising 
from  the  sale  of  seminary  property  or  otherwise. 

Third.  The  amount  derived  from  liquor  licenses  and  un- 
claimed fees  not  previously  reported. 

Fourth.  The  total  amount  of  school  revenue  thus  col- 
lected and  ready  for  apportionment. 

Fifth.  The  income  derived  from  the  congressional  town- 
ship school  fund,  including  the  interest  on  loans  of  said 
fund,  and  on  deferred  payments  for  school  lands  which  have 
been  sold,  and  the  rents  and  profits  derived  from  the  leasing 
or  renting  of  any  such  lands,  or  otherwise. 

Sixth.  The  amount  of  said  income  from  the  congres- 
sional township  fund  on  hand  for  distribution  in  parts  of 
the  townships  in  the  adjacent  counties,  specifying  the 
amount  on  hand  for  each  of  the  several  counties.  (B.  S. 
1!K)8,  §6467.) 

[1865,  p.  3.    Approved  March  6, 1865.  | 

327.  When  congressional  township  divided.    112.    When 
the  congressional  township  lies  partly  in  one  county  and 
partly  in  another,  the  auditor  of  the  county  in  which  the 
fund  of  such  township  is  managed  shall  notify  the  auditor 
of  the  county  in  which  any  portion  is  situated  of  the  amount 
due  to  such  portion.     (B.  S.  1908,  §6468.) 

328.  Auditor  failing  to  report— Penalty.     113.    On  the 
failure  of  any  county  auditor  to  make  his  said  semi-annual 
report  in  time  for  said  apportionments,  his  county  shall  be 
subject  to  a  diminution  of  one  hundred  dollars  in  the  next 
apportionment  of  said  revenue  by  the  superintendent.    The 


228  SCHOOL    LAW    OF    INDIANA. 

sum  thus  withheld  may  be  collected  from  said  auditor,  in 
a  suit  before  a  justice  of  the  peace,  prosecuted  in  the  name 
of  the  state,  by  any  person  living  in  said  county  who  has 
children  enumerated  for  school  purposes  for  the  current 
year,  who  is  aggrieved  by  said  diminution.  Said  suit  shall 
be  commenced  within  two  years  from  the  time  when  said 
report  was  due,  and  not  afterward:  Provided,  That  said 
auditor  may  discharge  himself  from  liability  to  such  suit 
by  a  certificate  of  the  postmaster  that  said  report  was 
mailed  in  due  time,  together  with  his  own  affidavit  of  that 
fact.  (R.  S.  1908,  §6469.) 

[1865,  p.  3.    Approved  March  6, 1865.] 

329.  Printed  statement.    115.    Said  superintendent  shall 
make  out  and  have  printed  a  statement  showing— 

•  First.     The  enumeration  of  children  in  each  county. 

Second.  The  amount  of  school  revenue  ready  for  appor- 
tionment in  each  county,  and  the  source  from  which  the 
same  is  derived,  including  said  addition  from  the  state  in- 
debtedness. 

Third.  The  distributive  share  thereof  apportioned  to 
each  county. 

He  shall  file  a  copy  of  said  statement  with  the  auditor  of 
state  and  treasurer  of  state,  and  he  shall  forward  a  copy 
thereof,  by  mail,  to  each  of  the  county  auditors,  county  su- 
perintendents and  county  treasurers  of  the  state.  (R.  S. 
1908,  §6471.) 

330.  Payment  to  counties,     116.     The  auditor  of  state 
shall,  at  the  time  of  making  the  semi-annual  settlements 
with  the  several  county  treasurers,  give  them  each  a  war- 
rant on  the  state  treasury  for  the  distributive  share  of  said 
revenue  apportioned  to  their  respective  counties,  the  amount 
of  which  shall  be  retained  by  said  treasurers  out  of  the 
money  or  revenue  in  their  hands;  and  the  balance  ascer- 
tained to  be  due  to  the  state,  of  ordinary  state  revenue  or 
other  revenue,  together  with  said  warrant,  shall  be  paid 
into  the  state  treasury.     The  settlement  between  the  re- 
spective county  treasurers  and  the  auditor  of  state,  and  the 


SCHOOL    LAW    OF    INDIANA. 


229 


drawing  of  the  warrants  for  the  amounts  apportioned  to 
their  respective  counties;  the  ascertainment  of  the  balance 
payable  into  the  state  treasury,  and  the  payment  of  said 
balance,  and  retention  by  the  county  treasurers  of  their  dis- 
tributive shares  of  school  revenue,  according  to  said  appor- 
tionment— shall  be  concurrent  acts,  and  shall  be  done  and 
performed  in  such  a  manner  as  to  effect  a  complete  semi- 
annual disbursement,  from  the  state  treasury  to  the  several 
counties  of  the  state,  of  all  the  school  revenues  then  appor- 
tioned to  them,  and  as  soon  as  practicable  after  the  appor- 
tionment is  made.  (R.  S.  1908,  §6472.) 

[1885,  p.  208.    Approved  April  13,  1885.] 

331,  Payment  of  excess.    1.    The  auditor  of  state  shall, 
at  the  time  of  making  the  semi-annual  settlements  with  the 
several  county  treasurers,  give  them  each  a  warrant  on  the 
state  treasury  for  the  state  school  revenues  collected  in 
their  respective  counties,  the  amount  of  which  shall  be  re- 
tained by  said  treasurers,  and  when  the  superintendent  of 
public  instruction  shall  have  made  his  semi-annual  appor- 
tionments of  school  revenue  for  tuition  to  the  several  coun- 
ties of  the  state,  the  auditor  of  state  shall  draw  his  warrant 
upon  the  state  treasury  to  the  respective  county  treasurers 
to  which  there  may  be  due  a  greater  amount  than  the  state 
school  revenue  which  has  been  collected  in  said  counties, 
and  for  which  a  warrant  as  hereinbefore  provided  has  been 
issued  to  them,  and  said  county  treasurers  to  whom  war- 
rants have  been  issued  at  the  semi-annual  settlements  for 
iTzore  than  their  distributive  share  of  said  school  revenue 
shall,  upon  notice  being  given  them  thereof  by  the  auditor 
of  state,  forthwith  pay  such  excess  into  the  state  treasury. 
(R.  S.  1908,  §6473.) 

[1865,  p.  3.    Approved  March  6,  1865.] 

332.  Unapportioned  balances.     117.     If  at   any  time, 
from   any   cause   whatever,    an   unapportioned  balance  of 
school  revenue  shall  appear  in  the  state  treasury,  other  than 
that  which  is  nominally  therein  at  the  passage  of  this  act 


!J  SCHOOL    LAW     OF    INDIANA. 

the  superintendent  of  public  instruction  shall  add  said  bal- 
ance to  the  sum  to  be  apportioned,  and  apportion  it  at  the 
next  succeeding  apportionment  after  such  balance  so  ap- 
pears. (R.  S.  1908,  §6474.) 

[1897,  p.  291.    Approved  March  8, 1897.1 

333.  County*  auditor's  apportionment.  118.  The  audi- 
tor of  each  county  shall,  semi-annually,  on  the  second  Mon- 
day of  July  and  on  the  last  Monday  in  January  make  ap- 
portionment of  the  school  revenue,  to  which  his  county  is 
entitled,  to  the  several  townships  and  incorporated  towns 
and  cities  of  the  county ;  which  apportionment  shall  be  paid 
to  the  school  treasurer  of  each  township  and  incorporated 
town  and  city  by  the  county  treasurer.  In  making  the  said 
apportionment  and  distribution  thereof,  the  auditor  shall 
ascertain  the  amount  of  the  congressional  township  school 
revenue  belonging  to  each  city,  town  or  township,  and 'shall 
apportion  the  other  school  revenue,  so  as  to  equalize  the 
amount  of  available  school  revenue  for  tuition  to  each  city, 
town  and  township,  as  near  as  may  be,  according  to  the 
enumeration  of  children  therein,  and  report  the  amount  ap- 
portioned to  the  superintendent  of  public  instruction,  veri- 
fied by  affidavit:  Provided,  however,  That  in  no  case  shall 
the  income  of  the  congressional  township  school  fund  be- 
longing to  any  congressional  township,  or  part  of  such  town- 
ship, be  diminished  by  such  apportionment,  or  diverted  or 
distributed  to  any  other  township:  Be  it  also  provided, 
That  in  oiaking  the  said  apportionment  and  distribution  of 
the  state  tuition  revenues  apportioned  to  the  county  by  the 
superintendent  of  public  instruction,  in  case  any  school  cor- 
poration shall  not  have  expended  for  tuition  purposes  in 
any  school  year  an  amount  as  great  as  the  amount  of  state 
tuition  revenue  apportioned  and  distributed  to  said  corpo- 
ration by  the  auditor  for  said  school  year,  then  it  shall  be 
the  duty  of  the  aiiditor,  at  the  first  apportionment,  after  the 
annual  report  of  the  receipts  and  expenditures  of  said  school 
corporation  shall  have  been  filed  with  the  county  commis- 
sioners, to  deduct  from  the  whole  amount  of  state  tuition 
revenue  apportioned  to  said  school  corporation  an  amount 


SCHOOL    LAW    OF    INDIANA.  231 

equal  to  the  difference  between  the  amount  of  state  tuition 
revenue  apportioned  and  distributed  to  said  school  corpora- 
tion for  use  in  such  school  year,  and  the  whole  amount 
shown  by  such  annual  report  to  have  been  actually  expend- 
ed for  tuition  purposes,  and  there  shall  be  paid  to  the  treas- 
urer of  said  school  corporation  the  sum  remaining  after  such 
ainount  shall  have  been  deducted,  and  the  county  auditor 
shall  include  all  such  deductions  in  his  report  to  the  state 
superintendent  of  public  instruction  as  tuition  revenue  col- 
lected in  his  county  and  ready  for  distribution  at  the  next 
apportionment:  Provided,  That  funds  arising  from  the 
local  tuition  tax  shall  not  be  considered  in  making  the  de- 
ductions provider]  for  in  this  section,  nor  included  in  the 
said  report  to  the  state  superintendent  of  public  instruction. 
Any  neglect  or  failure  of  any  auditor  to  comply  with  the 
provisions  of  this  section  of  this  act  shall  be  and  constitute 
a  misdemeanor,  and  upon  conviction  of  any  such  auditor 
of  the  violation  thereof,  lie  shall  be  fined  in  any  sum  not  less 
than  the  amount  of  such  unexpended  balance  nor  more  than 
double  the  amount  thereof.  (R,  8.  1908,  §6475.) 

[1905,  p.  34.    Approved  February  24, 1905.) 

334.  State  tax  levy.    1.    There  shall  be  in  the  year  1907, 
and  annually  thereafter,  assessed  and  collected  as  state  and 
county  revenues  are  collected,  thirteen  cents  and  six  mills 
on  each  one  hundred  dollars  worth  of  taxable  property,  real 
and  personal,  in  this  state,  and  in  addition  thereto  a  poll 
tnx  of  fifty  (50c)  cents  upon  each  legal  voter  in  the  state, 
which  money  when  collected  shall  be  paid  into  the  state 
treasury  for  a  common  school  tuition  fund,  and  shall  be  ap- 
portioned to  the  several  counties  in  the  manner  provided  in 
said  act,  section  one  of  which  is  hereby  amended.     (R.  S. 
1908,  §6432.)    As  amended  1907,  p.  505. 

335.  Apportionment  among  counties.    2.    The  state  su- 
perintendent of  public  instruction  shall,  on  the  days  fixed 
by  law  for  his  apportionment  of  the  school  revenue,  in  each 
year,  add  to  the  sum  total  of  said  revenue,  in  readiness  in 
each  county  for  apportionment,  any  amount  in  the  state 


232  SClfOOL    LAW    OF    INDIANA. 

treasury  ready  for  apportionment,  together  with  94.8  per 
cent,  of  the  sum  collected  by  virtue  of  the  levy  provided 
for  in  section  one  of  this  act;  and,  after  said  addition,  the 
superintendent  shall  apportion  the  whole  of  said  sum  to  the 
several  counties  of  the  state,  according  to  the  last  enumera- 
tion of  children  therein,  with  due  reference  to  the  diminu- 
tion provided  for  by  law.  (K.  S.  1908,  §6433.) 

336.  Distribution  of  5.2%  of  fund.    3.    A  sum  equal  to 
5.2  per  cent,  of  the  amount  collected  under  the  levy  provided 
for  in  section  one  of  this  act,  shall  be  a  fund  to  be  distrib- 
uted as  hereinafter  provided.    (E.  S.  1908,  §6434.) 

337.  Town    or    township    deficiency  —  Certificate.      4. 
Whenever  any  trustee  of  a  township  or  board  of  trustees  of 
any  school  town  shall  ascertain  that  there  is  not  a  sufficient 
amount  of  tuition  revenue  in  his  or  their  hands  to  enable 
him  or  them  to  maintain  the  public  schools  therein  for  the 
minimum  term  now  or  hereafter  provided  by  law  in  such 
current  school  year,  he  or  they,  as  the  case  may  be,  shall 
certify  in  writing  under  oath  such  fact  to  the  county  super- 
intendent of  his  or  their  county,  stating  therein  the  rate  of 
the  levy  for  local  tuition  purposes  on  each  one  hundred 
dollars,  and  the  taxes  on  each  taxable  poll  made  for  the  sup- 
plementary tuition  tax  by  such  township  or  school  town  in 
the  year  immediately  previous  to  the  school  year  in  which 
such  deficiency  occurs,  or  will  occur;  also,  stating  the  full 
amount  received  for  tuition  from  each  source,  the  names 
and  number  of  teachers  employed,  the  rate  per  diem  paid 
them,  the  number  of  days  each  has  taught  and  when  he  be- 
gan teaching,  and  an  estimate  of  the  amount  that  will  be 
necessary  over  and  above  the  tuition  revenue  then  on  hand 
to  complete  such  legal   minimum   term    of  all  the  public 
schools  in  such  school  corporation.    Said  certificate  shall  be 
executed  in  duplicate.    Said  county  superintendent  shall  im- 
mediately examine  such  certificate,  and  if  he  shall  find  the 
facts  stated  therein  to  be  true,  and  shall  further  find  that 
such  school  corporation  has  levied  the  highest  amount  au- 
thorized by  law  for  such  school  municipality  as  supplemen- 


SCHOOL    LAW    OF    INDIANA.  233 

tary  tuition  tax  for  the  year  in  which  such  deficiency  will 
occur,  he  shall  forward  one  of  such  certificates  to  the  state 
superintendent  of  public  instruction,  together  with  the  re- 
sult of  his  examination,  and  with  the  name  and  postoffice 
address  of  such  township  trustee  or  the  treasurer  of  such 
school  corporation.  (B,  S.  1908?  §6435.) 

338.     Superintendent  and  auditor — Duties.    5.    Upon  re- 
ceipt of  such  statement  from  the  county  superintendent, 
the  said  superintendent  of  public  instruction  shall  issue  an 
order  on  the  auditor  of  state  in  favor  of  such  school  corpora- 
tion, if  there  be  funds  in  the  state  treasury  available  for  that 
purpose,  for  the  amount  necessary  to  bring  the  school  term 
of  said  township  or  school  corporation  up  to  the  minimum 
legal  term,  specifying  the  name  of  the  trustee  of  such  town- 
ship, or  the  treasurer  of  said  town,  and  his  postofftce  ad- 
dress.   And  the  auditor  of  state  shall  at  once  draw  a  war- 
rant on  the  treasurer  of  state,  payable  out  of  the  fund  pro- 
vided for  in  section  3  of  this  act  in  favor  of  said  township 
or  town,  payable  to  the  trustee  of  such  township  or  treasur- 
er of  such  town,  and  mail  the  same  to  him:    Provided,  No 
such  township  trustee  or  treasurer  of  such  school  town 
shall  be  entitled  to  draw  or  receive  the  funds  provided 
in  this  act  unless  said  township  trustee  or  school  board 
of  trustees  has  levied  a  local  tuition  tax  of  at  least  twenty- 
five  cents  on  $100.00  of  taxable  property  in  such  township 
or  school   town:     And  providing,   That   where   any   such 
school  trustee  or  corporation  is  maintaining  a  seven  months' 
term  of  school  and  finds  the  amount  of  tuition  revenue 
insufficient  for  such  purpose,  such  trustee  or  the  treasurer 
of  such  school  corporation  shall  be  entitled  to  draw  or 
receive  the  funds  provided  in  this  act  in  the  event  only 
such  trustee  or  school  board  has  levied  a  local  tuition  tax 
of  not  less  than  forty  cents  on  $100.00  of  taxable  property 
in  such  township  or  school  town.    (As  amended  1907,  p.  449, 
B.  S.  1908,  §6436.) 

339.     Uses  of  fund.    6.    Said  township  trustee  or  school 
board  of  trustees  shall  use  the  amount  so  received  from  the 


234  SCHOOL    LAW    OF    INDIANA. 

state  for  the  payment  of  the  salaries  of  teachers  employed 
in  his  township  or  their  town  to  enable  him  or  them  to  main- 
tain schools  therein  for  the  full  term  as  required  by  law 
during  the  year  for  which  it  was  received,  and  shall  use  it 
for  no  other  purpose.  (R,  S.  1908,  §6437.) 

340.  Liability  for  fund.     7.     The  township  trustee,  or 
treasurer  of  any  town  school  board  and  the  sureties  on  their 
bonds  receiving  such  funds  from  the  state,  shall  be  liable 
for  Lhe  same  as  for  any  other  township  or  school  funds  they 
may  receive  in- an  official  capacity.    (R.  S.  1908,  §6438.) 

341.  Surplus.     8.     Whatever  unused  surplus  shall  re- 
main of  the  fund  provided  in  section  3  of  the  act  hereby 
amended  at  the  close  of  any  fiscal  year  shall  be  and  remain 
a  part  of  the  common  school  tuition  fund  of  the  state.     (As 
amended  1907,  p.  449,  R.  S.  1908,  §6439.) 

[1865,  p.  139.    Approved  March  21,  1865.1 

342.  Interest  on  sinking  fund.    1.    All  interest  accrued 
or  accruing  on  the  sinking  fund,  or  any  other  fund,  held  by 
this  state  for  the  benefit  of  the  common  schools  of  this  state, 
on  and  after  the  first  day  of  January,  one  thousand  eight 
hundred  and  sixty-five,  is  hereby  set  apart  for  distribution 
as  other  revenues  are  distributed,  for  the  support  of  the 
common  schools  of  this  state.    (R,  S.  1908,  §6476.) 

[1897,  p.  178.    Approved  March  6, 1897.  | 

343.  Surplus  dog  tax  fund.    13.    The  trustee  shall  reg- 
ister all  losses  in  the  order  in  which  they  are  reported :  Pro- 
vided, That  no  person  shall  receive  pay  for  sheep,  horses, 
cattle,  swine  or  other  live  stock  or  fowls  killed  or  maimed 
by  any  dog  or  dogs  owned  or^  harbored  by  himself:    Pro- 
vided, further,  That  "the  dog  fund  heretofore  collected  shall 
be  added  to  and  applied  with  the  fund  arising  under  the 
provisions  of  this  act.     And  when  it  shall  so  occur  on  the 
first  Monday  of  March  of  any  year  in  any  township  in  the 
State  of  Indiana  that  said   fund   shall   accumulate   to   an 
amount  exceeding  one  hundred  dollars  over  and  above  or- 


SCHOOL    LAW    OF    INDIANA. 


235 


ders  drawn  on  the  same,  the  surplus  aforesaid  shall  be  paid 
and  transferred  to  the  county  treasurer  of  the  county  in 
which  such  township  is  located  and  the  fund  arising  from 
such  surplus  from  the  township  of  the  county  shall  consti- 
tute a  county  dog  fund  and  shall  be  distributed  among  the 
townships  of  the  county  in  which  the  orders  drawn  against 
the  dog  fund  exceed  the  money  on  hand.  This  distribution 
shall  be  made  on  the  second  Monday  in  March  of  each  year, 
and  if  said  county  dog  fund  be  insufficient  to  pay  for  all  the 
live  stock  or  fowls  maimed  or  killed  by  dogs  of  all  the  town- 
ships the  distribution  shall  be  made  in  the  ratio  of  the  or- 
ders drawn  against  the  dog  fund  of  the  townships  and  un- 
paid and  unprovided  for,  which  ratio  shall  be  obtained  from 
the  report  of  the  trustees  of  the  townships  made  to  the  au- 
ditor of  the  county  which  is  hereby  directed  shall  be  made 
by  each  township  trustee  of  the  county  upon  the  first  Mon- 
day of  March  of  each  year,  which  report  shall  show  all  re- 
ceipts into  the  dog  fund  of  his  township,  and  all  orders 
drawn  against  the  same  in  the  order  in  which  they  were 
drawn.  And  when  it;  shall  occur  again  upon  the  second 
Monday  in  March  of  any  year  that  there  is  a  surplus  left 
of  the  county  dog  fund  after  provisions  have  been  made  for 
the  payment  for  all  the  live  stock  or  fowls  killed  or  maimed, 
of  all  the  townships  of  the  county,  such  surplus  shall  be  dis- 
tributed for  the  schools  of  the  county  in  the  same  manner 
the  common  school  revenue  of  such  county  is  distributed. 
(E.  S.  1908,  §3270.) 

1.  Tov,  NS  AMD  CITIES.  A  town  or  city  \vithin  a  township  is  entitled 
to  its  proportionate  sliare  of  tho  surplus  dog  fund.— Taggart  v.  State,  142 
Ind.  008  (overruling  School  City  of  South  Bend  v.  Jaquith,  90  Ind.  495)  ; 
Maloy  v.  Madget,  47  Ind.  241.  Soe  Flower  v.  State,  133  Ind.  453. 


236 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XVl 


THE  FUND. 


SBC. 

344.  What  constitutes. 

345.  Estrays  and  property  adrift. 

346.  Hydrophobia  fund — County  Auditor. 

347.  Counties  liable. 

348.  Account  of  fund. 

349.  Custody  of  lands. 

350.  Leasing  lands. 

351.  Divided  school  section. 

352.  Boundaries  of  township1. 

353.  School  township,  when  county  lines  divide. 

354.  Auditor's  statement  as  to  children. 

355.  Auditor's  duty. 

356.  Account  and  distribution. 

357.  Duties  of  the  other  Auditor. 

358.  Account— Re-adjustment. 

359.  Power  of  Trustee. 

360.  Sale  of  school  lands. 

361.  Proceedings  to  sell. 

362.  Ballots. 

363.  Results  of  election. 

364.  Certificate  of  vote. 

365.  Trustee's  duty. 

366.  Order  and  conduct  of  sale. 

367.  Terms  of  sale— Timber. 

368.  Forfeiture— Re-sale. 

369.  Forfeiture,  how  prevented. 

370.  Forfeiture— Liability  for  waste. 

371.  Suit  for  waste. 

372.  Private  sale. 

373.  Re-appraisement. 

374.  Advertisement  of  funds. 

375.  Re-appraisement  of  forfeited  lands. 

376.  Appropriation  by  Commissioners. 

377.  Certificate  of  purchase. 

378.  Rights  of  purchaser. 

379.  Failure  to  make  first  payment— Penalty. 

380.  Assignment. 

381.  Def ecti v  e  assignment— Proceedings . 

382.  Loan  of  purchase  money. 

383.  Payments. 

384.  Lost  certificate. 

385.  Purchase  money,  where  paid. 

386.  Duty  of  Auditor. 

387.  Deed. 

388.  Sale— Legalizing. 

389.  Title,  when  complete 

390.  Sale  had  without  vote. 

391.  Compensation  on  failure  of  title. - 

392.  Lands  of  surplus  revenue  fund — How  sold. 

393.  Interest — Judgment. 

394.  Advertisement  of  funds. 

395.  County  Auditor— Penalty. 

396.  Auditor's  duty. 

397.  Appraisement. 

398.  Duty  of  appraisers. 


SEC. 
399. 
400. 
401. 
402. 
403. 
404. 
405. 
406. 
407. 
408. 
409. 
410. 
111. 
412. 
413. 
414. 
115. 
416. 
417. 
418. 
419. 
420. 
421. 
422. 
423. 
424. 
425. 
126. 
427. 
428. 
429. 
430. 
431. 
432. 
433. 
434. 
435. 
436. 
437. 
438. 
439. 
440. 
441. 
442. 
443. 
444. 
445. 
446. 
447. 
448. 
449. 
450. 
451. 
452. 
453. 


Loans  outside  of  county. 

Oath  of  applicant. 

Time  of  loan. 

Loan  of  school  and  university  funds. 

Limit  of  loan. 

Percentage  of  value  of  land. 

Length  of  time. 

County  may  borrow. 

Note  of  county— County  Council. 

Auditor's  warrant. 

Rate  of  interest. 

Payment  of  loan. 

Transfer  from  one  county  to  another. 

Certificate  as  to  heirs. 

Acknowledgements  and  oaths. 

Record  of  mortgages. 

Auditor's  duty. 

Fees. 

Interest  unpaid— Auditor's  duty. 

Collection  on  default. 

Fund  to  be  specified. 

Form  of  mortgage. 

Form  of  note. 

Warrant  to  borrower. 

Payments — Quietus . 

Indorsements  and  satisfaction. 

Suit  for  deficiency. 

Notice  of  sales. 

Manner  of  sale — Surplus. 

Auditor's  bid. 

Sale  of  lands  bid  in. 

Deed  by  Auditor. 

Statement  of  sales. 

Title  in  state  without  deed. 

Conveyance  to  county. 

Suit  to  foreclosure. 

Purchase  by  county. 

Lease  of  land  purchased. 

Sale  of  land— Appraisement. 


Act  supplemental. 

Satisfaction  of  mortgage. 

Annual  report. 

Duty  of  boards. 

Board's  report. 

Disposition  of  report. 

Apportionment  of  loans. 

Miscellaneous  school  fund  account. 

Distribution  and  report. 

Penalty  against  Auditor. 

School  funds — Expense  in  making  loans. 

Repeal  of  order. 

Appropriations — County  Council . 

Real  estate  sales  legalized. 


SCHOOL    LAW    OF    INDIANA.  237 

[1865,  p.  3.    Approved  March  6,  1865.] 

344.  What  constitutes.  The  funds  heretofore  known 
and  designated  as  the  surplus  revenue  fund,  all  funds  here- 
tofore appropriated  to  the  common  schools,  the  Saline  fund, 
the  bank  tax  fund,  the  fund  which  has  been  derived  or  may 
be  derived  from  the  sale  of  county  seminaries  and  the  prop- 
erty belonging  thereto,  the  moneys  and  properties  hereto- 
fore held  for  such  seminaries,  all  fines  assessed  for  breaches 
of  the  penal  laws  of  the  state,  all  forfeitures  which  may 
accrue,  all  lands  and  other  estate  which  shall  escheat  to  the 
state  for  want  of  heirs  or  kindred  entitled  to  the  inheritance 
thereof,  all  lands  which  have  been  granted,  or  may  be  grant- 
ed hereafter,  to  the  state,  when  no  special  object  is  ex- 
pressed in  the  grant,  the  proceeds  of  the  sales  of  the  swamp 
lands  granted  to  the  state  of  Indiana  by  the  act  of  congress 
of  September,  1850,  the  taxes  which  may  be  assessed  from 
time  to  time  upon  the  property  of  corporations  for  common 
school  purposes,  and  the  fund  arising  from  the  one  hundred 
and  fourteenth  section  of  the  charter  of  the  state  bank  of 
Indiana,  shall  be  denominated  the  "common  school  fund.'H 
The  fund  derived  from  the  sale  of  congressional  township 
school  lands,  and  the  unsold  congressional  township  school 
lands,  at  the  reasonable  value  thereof,  shall  be  denominated 
the  "congressional  township  school  fund,"  and  shall  never 
be  diminished  in  amount,  the  income  of  which,  together 
with  the  taxes  mentioned  and  specified  in  the  first  section 
of  this  act,  the  money  and  income  derived  from  licenses 
for  the  sale  of  intoxicating  liquors,  and  unclaimed  fees, 
as  provided  by  law,  shall  be  denominated  the  "school 
revenue  for  tuition,"  the  whole  of  which  is  hereby  appro- 
priated, and  shall  be  applied  exclusively  to  furnishing  tui- 
tion to  the  common  schools  of  the  state,  without  any  de- 
duction for  the  expenses  of  collection  or  disbursement.  (R. 
S.  1908,  §6182.) 

1.  Two  DISTINCT  FUNDS.  This  section,  in  conformity  with  the  deci- 
sions cited  under  section  1,  provides  that  there  shall  he  two  distinct  funds, 
the  "common  school  fund"  and  the  "congressional  township  school  fund," 
which  must  be  kept  apart  and  managed  separately  (§482).  Under  the  for- 
mer title  are  consolidated  all  the  funds  named  in  the  constitution,  except 


238  SCHOOL    LAW    OF    INDIANA. 

the  congressional  township  fund,  and  in  addition  thereto  "all  funds  here- 
tofore appropriated  to  common  schools,"  referring  to  all  moneys  arising 
from  the  sale  of  estray  animals,  and  property  taken  up  adrift,  which  were1 
by  an  act  approved  January  15,  1844  (§480),  transferred  to  the  common 
school  fund  of  the  county  to  be  ratably  apportioned  among  the  several 
school  districts  thereof.  Neither  of  these  funds  shall  ever  be  diminished, 
for  the  terra  common  school  fund  in  the  constitution  includes  both. — Davee 
v.  State,  7  Ind.  App.  71. 

[1844,  p.  86.    Approved  and  in  force  January  15,  1844.  [ 

345.  Estrays  and  property  adrift.    1.    All  moneys  aris- 
ing from  the  sale  of  estray  animals  and  property  taken  up 
adrift,  so  soon  as  the  same  shall  have  vested  absolutely  in 
any  county,  shall  be  by  the  proper  officers  transferred  to 
the  common  school  fund  of  the  county,  and  shall  be  ratably 
apportioned  amongst  the  several  school  districts  [corpora- 
tions] thereof. 

[1911,  p.  161.    Approved  March  2, 1911.] 

346.  Hydrophobia    fund — County    auditor.      1.      The 
county  auditor  shall  annually  on  the  first  of  April  of  each 
year  pay  to  the  state  auditor  five  per  cent,  of  the  sur- 
plus dog  tax  collected  from  the  townships  of  the  county. 
The  amount  received  from  all  county  auditors  shall  consti- 
tute a  state  hydrophobia  fund  in  the  state  treasury:    Pro- 
vided, That  if  at  the  end  of  the  fiscal  year  such  fund  shall 
exceed  three  thousand  dollars  ($3,000)  the  surplus^  shall  be 
turned  into  the  school  fund  of  the  state. 

The  remaining  sections  of  this  act  relate  to  the  treatment  of  hydro- 
phobia by  the  state  authorities. 

[1865,  p.  3.    Approved  March  6, 1865.] 

347.  Counties  liable.     3.     The  several  counties  of  this 
state  shall  be  held  liable  for  the  preservation  of  so  much 
of  said  fund  as  is  intrusted  or  may  have  been  intrusted  to 
them,  and  for  the  payment  of  the  annual  interest  thereon, 
at  the  rate  established  by  law,  the  payment  of  which  inter- 
est shall  be  full  and  complete  every  year,  and  shall  so  ap- 
pear in  the  auditor's  report  to  the  superintendent  of  public 
instruction;  and  the  said  superintendent  shall,  at  any  time, 
when  he  discovers,  from  the  report  or  otherwise,  that  there 


SCHOOL    LAW    OF    INDIANA. 


239 


is  a  deficit  in  the  amount  collected,  for  want  of  prompt  col- 
lection, or  otherwise,  direct  the  attention  of  the  board  of 
county  commissioners  and  the  county  auditor  to  the  fact, 
and  said  board  of  commissioners  are  hereby  authorized  and 
required  to  provide  for  such  deficit  in  their  respective 
counties.  (E.  S.  1908,  §6184.) 

1.  INTLKE&T.    This  section  is  designed  to  carry  out  the  requirements 
of  the  constitution  (§6).    The  interest  on  the  school  funds  is  at  the  rate 
of  six  per  cent. 

2.  DEFICITS  MADE  UP.    The  board  of  county  commissioners  is  required 
to  make  up  losses  to  both  the  principal  and  interest  of  the  funds,  at  their 
June  meeting   (§547),  by  authorizing  the  auditor  to  draw  a  warrant  for 
the  amount  of  the  deficit  upon  the  general  fund  of  the  county  in  favor  of 
the  particular  school  fund  found  deficient,  and  upon  failure  of  the  board 
so  to  act  they  become  liable  to  an  action  in  the  name  of  the  state  upon  the 
relation  of  the  superintendent  of  public  instruction,  who  may  notify  the 
proper  prosecuting  attorney  to  bring  such  action. 

348.  Account  of  fund.  •  151.  The  county  auditors  of  the 
several  counties  of  this  state  shall,  immediately  upon  the 
taking  effect  of  this  act,  open  an  account  upon  their  books 
with  each  of  the  congressional  townships  of  their  respective 
counties  whose  funds  -are  managed  by  them,  and  transfer  to 
such  account  from  the  common  school  fund  account  the 
principal  of  the  congressional  township  fund,  as  it  existed 
before  its  consolidation  with  the  common  school  fund,  and 
shall  thereafter  keep  a  separate  account  of  the  principal 
and  interest  of  the  congressional  township  fund  of  each 
township.  (E.  S'.  1908,  §6185.) 

1.  SEPARATION  OF  FUNDS.     This  section  requires  the  separation  of  the 
congressional  township  fund  from  the  common  school  fund,  with  which  it 
had  been  consolidated  by  the  school  law  of  1852  in  accordance  with  the  con- 
stitution  (§1).     But  the  courts  have  held  that  the  proceeds  of  the  sale 
of  the  school  sections  could  not  be  diverted  from  the  use  of  the  inhabitants 
of  the  congressional  townships,  to  whom  they  had  been  granted  by  the 
United  States. — State  v.  Springfield  Tp.,  6  Ind.  83;  same,  22  How.  U.  S. 
56;   Quick  v.   Whitewater  Tp.,   7   Ind.   570;   Quick   v.   Springfield  Tp.,   7 
Ind.  636. 

2.  PEOCEEDS  OF  LA:NDS.     When  the  school  sections  have  been  sold  the 
proceeds  of  the  sale  are  managed  by  the  county  auditor,  and  the  interest 
thereon  distributed  by   him   through   the  county  treasury  to  the  proper 
school  trustees. — Davis  v.  State,  44  Ind.  38;  affirmed,  94  (4  Otto)  U.  S.  792. 


240  SCHOOL    LAW    OF    INDIANA. 

[1873,  p.  79.    Approved  March  7, 1873.] 

349.  Custody  of  lands — Report  of  income.    44.    The  cus- 
tody and  care  of  all  lands  belonging  to  the  congressional 
township  fund  shall  be  with  the  trustee  of  the  civil  town- 
ship in  which  the  same  shall  be  situated;  who  shall  report, 
annually,  to  the  auditor,  by  the  fourth  Monday  in  March, 
the    annual    income    derived  therefrom,  to  the  township. 
And  the  report  shall  embrace  a  fully  itemized  statement  of 
his  rent  account  of  such  lands;  to    whom    and    for  what 
amount  the  same  was  rented  to  each  tenant;  and  whether 
the  rents  have  been  collected  or  not;  and  if  any  portion  has 
not  been  collected,  he  should  state  fully  the  reasons  why 
the  same  has  not  been  collected.    Any  trustee  who  has  here- 
tofore failed  and  neglected  to  so  report  shall  embrace  in 
his  first  report  such  itemized  statement  and  showing  for 
each  preceding  year  not  so  reported,  whether  by  himself  or 
his  predecessors;  and  the  amount  of  school  funds  for  any 
year,  to  which  such  township  might  otherwise  be  entitled, 
shall  be  withheld,  and  not  paid  over  to  such  trustee,  if  the 
rental  value  of  such  lands  for  such  terms  shall  equal  or  ex- 
ceed the  township's  otherwise  portion  of  the  school  fund; 
and  it  shall  be  the  duty  of  such  trustee  to  pay  into  the 
county  treasury  all  rents  collected  and  reported  by  him  as 
aforesaid.     (R,  S.  1908,  §6186.) 

1.  RENTS  DISTRIBUTED.  The  rents  of  school  lands  shall  be  paid  into 
the  ccunty  treasury,  to  be  distributed  by  the  auditor  together  with,  and 
in  the  same  manner  as,  the  interest  on  the  congressional  township  fund. 
And  a  township  trustee  who  fails  to  pay  the  rents  into  the  county  treasury, 
as  therein  required,  is,  with  his  county,  liable  on  his  bond  for  the  amount, 
with  ten  per  cent,  damages,  in  a  suit  in  the  name  of  the  state  on  relation 
of  the  board  of  commissioners. — Davis  v.  State,  44  Ind.  38 ;  Davis  v.  In- 
diana, 04  U.  S.  (4  Otto)  792. 

350.  Leasing  lands.     45.     He  shall  have  power,  when 
directed  so  to  do  by  a  vote,  or  by  the  written  direction  of  a 
majority  of  the  voters  of  the  congressional  township  to 
which  the  same  belongs,  to  lease  such  lands  for  any  term  not 
exceeding  seven  years,  reserving  rents,  payable  in  money, 
property,  or  improvements  upon  the  land,  as  may  be  direct- 
ed by  a  majority  of  such  voters.    (R,  S.  1908,  §6187. ) 


SCHOOL    LAW    OF    INDIANA.  241 

351.  Divided  school  section.     46.     When  the  sixteenth 
section,  or  the  section  which  may  be  granted  in  lieu  thereof, 
shall  be  divided  by  a  county  or  civil  township  line,  or  where 
the  substituted  section  lies  in  any  other  county  in  the  state, 
the  voters  of  the  congressional  township  to  which  the  same 
belongs  shall  designate,  by  vote  or  by  the  written  direction 
of  a  majority,  the  trustee  of  one  of  the  civil  townships  in- 
cluding n  part  of  said  section,  to  have  the  care  and  custody 
of  said  section,  and  to  carry  out  the  directions  of  the  voters 
of  the  township  in  relation  thereto;  and  the  trustee  so  des- 
ignated shall  have  the  same  powers  and  perform  the  same 
duties  as  if  the  entire  section  was  situated  within  the  limits 
of  the  civil  township,  and  receive  from  the  county  treasurer 
the  revenue  derived  from  funds  accrued  from  said  sale.    (R. 
S.  1908,  §6188.)    • 

352.  Boundaries  of  townships.     148.     The  county  com- 
missioners of  each  county  are  required  to  conform  the  boun- 
dary of  their  civil  townships  to    those    of    congressional 
townships,  so  far  as  it  is  practicable  to  do  so.     (R.  S.  1908, 
§6189.) 

[1877,  p.  66.    Approved  March  12.  1877.] 

353.  School  township,    when    county   lines    divide.      1. 
Where  county  lines  divide  a  congressional  township,  the 
proper  officer  in  the  county  in    which    the    congressional 
School  lands  are  situated,  or  would  be  situated  if  unsold, 
shall  control  such  lands  and  the  funds  arising  therefrom,  as 
in -this  act  is  provided.     (R.  S.  1908,  §6190.) 

354.  Auditor's  statement  as  to  children.    2.    When  the 
enumeration  is  made  of  children,  under  the  school  laws,  the 
auditor  of  each  county  shall  furnish  to  the  auditor  of  the 
other  a  statement  showing  the  number  of  children  in  each 
congressional  township;  and  to  enable  him  to  do  this  cor- 
rectly, the  person  or  officer  making  the  enumeration  shall 
correctly  state  the  number  of  children  in  the  congressional 
township  so  divided  by  county  lines.    (R,  S.  1908,  §6191.) 

[16—27277] 


242  SCHOOL    LAW    OF    INDIANA. 

355.  Auditor's  duty>    3.    The  auditor  of  the  county  hav- 
ing control  of  the  fund  shall  open  an  account  with  the 
other  county  as  to  each  congressional  township,  and  credit 
said  other  county  with  all  money  on  hand,  all  securities  for 
lands  sold,  and,  if  any  lands  be  unsold,  with  the  proceeds 
when  sold;  and,  from  time  to  time,  as  money  comes  in, 
shall  credit  such  county  with  such  money — that  is  to  say, 
shall  divide  such  money  pro  rata  on  the  basis  of  such 
enumeration   and   enter   the   credit;   and   shall   pay   over 
such  money,  be  it  little  or  much,  to  the  treasurer  of  such 
other  county,  file  his  receipt  with  the  auditor  and  take  a 
quietus,  and  so  continue  until  the  whole  portion  due  such 
other  county  is  paid  over.    Such  payments  shall  be  made 
quarterly,  to  correspond  with  the  fiscal  year.     (R.  S.  1908, 
§6192.) 

356.  Account  and  distribution.    4.    Such  auditor  to  the 
county  controlling  such  lands  and  fund  shall  also  open  an 
account  with  such  lands  and  with  the  township  in  his  own 
county  divided  by  county  line,  and  shall  debit  and  credit 
such  accounts  as  he  receives  money  or  securities  from  sales 
or  collections  from  lands  forfeited  and  resold,  and  all  ex- 
penses in  full  and  regular  order  of  entry  and  accounting, 
so  he  can  tell,  at  any  time,  the  condition  of  the  lands,  funds 
and  securities.    He  shall  collect  in,  as  fast  as  possible,  all 
moneys  outstanding,  make  proper  distribution  as  per  enu- 
meration, and  credit  the  proper  account  in  said  county,  and 
continue  to  pay  over  to  the  other  county;  as  above  provided, 
until  each  county  has  its  proper  proportion  of  said  funds. 
(R.  S.  1908,  §6193.) 

357.  Duties  of  the  other  auditor.    5.    The  auditor  of  such 
other  county  shall  open  an  account  with  the  proper  town- 
ship in  his  county,  and  credit  such  fund  as  fast  as  received ; 
and,  when  in  sufficient  amount,  shall  loan  the  same  as  now 
required  by  law.    Both  auditors  shall  make  a  statement  of 
the  condition  of  the  fund  annually,  at  the  end  of  the  proper 
fiscal  year,  and  file  one  copy  with  the  superintendent  of  pub- 


SCHOOL    LAW    OF    INDIANA.  243 

lie  instruction,  lay  one  before  the  county  commissioners 
(which  latter  shall  be  spread  upon  their  record),  and  both 
shall  be  sworn  to  by  the  auditor.  (R.  S.  1908,  §6194.) 

358.  Account — Re-adjustment.    6.    The  process  contem- 
plated by  this  act  shall  continue  so  long  as  any  lands  re- 
main unsold,  or  any  securities  are  uncollected,  and  until 
each  county  shall  have  become  possessed  of  its  proper  share 
of  such  fund  in  money,  when  the  accounts  here  required  to 
be  kept  shall  be  dosed  and  reported  as  aforesaid:     Pro- 
vided, That  in  the  year  1890,  and  every  two  years  there- 
after, there  shall  be  a  readjustment  of  said  fund  belonging 
to  such  congressional  township,  upon  the  basis  of  the  num- 
ber of  children  enumerated  in  each  part  of  such  congres- 
sional township,  as  hereinbefore  provided;  and  the  auditor 
having  a  surplus  of  such  fund,  according  to  such  basis,  shall 
pay  to  the  treasurer  of  the  county  interested  the  amount  of 
money  due  said  county  upon  the  per  capita  basis  then  exist- 
ing.   For  the  services  here  provided  for,  the  auditor  shall 
be  allowed  the  same  fees  for  records,  certificates  and  other 
labor,  as  is  allowed  by  law  for  other  similar  services.   (R.  S. 
1908,  §6195.) 

1.    The  auditor's  fee  must  be  paid  out  of  the  general  fund  of  the 
county. — Hanlon  v.  Board,  53  Ind.  123. 

[1865,  p.  3.    Approved  March  6, 1865.] 

359.  Power  of  trustee.     47.     The  proper  trustee  shall 
have  all  the  rights  and  powers  of  a  landlord,  in  his  official 
name,  in  coercing  fulfillment  of  contracts  relating  to  such 
lands,  and  preventing  waste  or  damage,  or  for  the  recovery 
of  the  same  when  committed.     (R.  S.  1908,  §6196.) 

360.  Sale  of  school  lands.    48.    At  any  time  when  five 
voters  of  any  congressional  township  shall,  by  petition  to 
the  trustee  having  charge  of  the  school  lands  belonging  to 
such  township,  set  forth  their  desire  for  the  sale  of  all  or 
any  part  of  the  school  land,  the  trustee  shall  give  public 
notice,  in  five  public  places  in  such  township,  of  the  time 
and  place  in  such  township  when  and  where  balloting  will 


244  SCHOOL    LAW    OF    INDIANA. 

be  had  to  determine  whether  the  lands  shall  be  sold  as  pe- 
titioned for  or  not;  which  notice  shall  be  given  at  least 
twenty  days  before  the  time  specified  therein.  (R.  S.  1908, 
§6197.) 

1.  WHEN  PETITION  NECESSARY,  A  petition  is  only  necessary  where 
land  is  sold  the  first  time,  and  is  not  necessary  where  it  is  sold  to  recover 
the  purchase  money. — McPheters  v.  Wright,  110  Ind.  519. 

361.  Proceedings  to  sell.    49.    A  copy  of  such  petition 
shall  be  entered  on  the  book  containing  the  record  of  the 
proceedings  of  such  trustee;  and  his  action  thereon  shall, 
also,  be  recorded.     (R.  S.  1908,  §6198.) 

362.  Ballots.    50.    If  a  voter  favor  the  sale  of  such  lands, 
he  shall  write  on  his  ballot  the  word  "sale;"  if  he  opposes 
the  sale,  he  shall  write  the  words  "no  sale."     (R.  S.  1908, 
§6199.) 

363.  Results  of  election.    51.    No  sale  shall  be  allowed 
unless  a  majority  of  all  the  votes  cast  at  such  election  shall 
be  in  favor  of  such  sale;  nor  unless  the  number  of  votes 
constituting  such  majority  shall  exceed  fifteen.    (R.  S.  1908, 
§6200.) 

364.  Certificate  of  vote.    52.    The  trustee  shall  attend  at 
the  time  and  place  specified,  and  shall  make  out  a  certificate 
showing  the  number  of  votes  given  for  and  against  the  sale ; 
which  shall  be  signed  by  him  and  filed  in  his  office;  and  he 
shall  enter  the  same  upon  his  record-book.     (R.  S.  1908, 
§6201.) 

365.  Trustee's  duty.    53.    S'aid  trustee,  if  satisfied  that 
a  majority  of  all,  and  more  than  fifteen,  voters  have  voted 
for  such  sale,  .shall  enter  the  same  on  his  record-book,  and 
proceed- 
First.     To  divide  the  lands,  so  voted  to  be  sold,  into  such 

lots  as  will  secure  the  best  price. 

Second.  To  affix  a  minimum  price  to  each  lot,  not  less 
than  one  dollar  and  twenty-five  cents  per  acre,  below  which 
it  shall  not  be  sold. 


SCHOOL    LAW    OF    INDIANA.  245 

Third.  To  certify  such  division  and  appraisement  to  the 
proper  county  auditor,  together  with  a  copy  of  all  his  pro- 
ceedings in  relation  to  the  sale  of  said  lands.  (R.  S.  1908, 
§6202.) 

366.  Order  and  conduct  of  sale — Fee.    54.    Such  certifi- 
cate and  return  shall,  by  such  auditor,  be  laid  before  the 
board  of  county  commissioners,  at  their  first  meeting  there- 
after; and  said  board,  if  satisfied  that  the  requirements  of 
the  law  have  been  substantially  complied  with,  shall  direct 
such  lands  to  be  sold;  which  sale  shall  be  conducted  as  fol- 
lows: 

First.    It  shall  be  made  by  the  auditor  and  treasurer. 

Second.  Four  weeks'  notice  of  the  same  shall  be  given, 
by  posting  notices  thereof  in  three  public  places  of  the  town- 
ship where  the  land  is  situated,  and  at  the  court  house  door, 
and  by  publication  in  a  newspaper  printed  in  said  county,  if 
any — otherwise,  in  a  newspaper  of  any  county  in  the  state 
situated  nearest  thereto.  The  sale  shall  be  made  by  the  au- 
ditor, at  public  auction,  at  the  door  of  the  court  house  of 
the  county  in  which  the  land  is  situated,  and  the  treasurer 
shall  take  an  account  thereof;  and  each  of  said  officers,  for 
making  such  sale,  shall  receive  a  -fee  of  one  dollar,  to  be 
paid  by  the  purchaser.  (R.  S.  1908,  §6203.) 

[1875,  p.  134.    Approved  March  9, 1875.] 

367.  Terms  of  sale— Timber.     55.     One-fourth  of  the 
purchase-money  shall  be  paid  in  hand  and  the  interest  for 
the  residue  for  one  year  in  advance,  and  the  residue  in  ten 
years  from  such  sale,  with  like  interest  annually  in  advance ; 
and  deferred  payments  shall  be  regarded  as  a  part  of  the 
congressional  township  school  fund,  and  reported  as  such 
by  the  auditor  to  the  superintendent  of  public  instruction: 
Provided,  That  when  one-fourth  part  or  more  of  the  value 
of  the  lands  so  sold,  at  the  time  of  such  sale,  shall  consist  of 
the  timber  growing  thereon,  the  terms  of  sale  in  such  case 
may  be  as  follows,  viz. :    At  least  one-half  of  the  purchase- 
money  cash  in  hand,  and  interest  for  the  residue  for  one 
year  in  advance,  and  the  residue  in  annual  payments  in  not 


246 


SCHOOL    LAW    OF    INDIANA. 


exceeding  ten  years  from  such  sale,  with  like  interest  an- 
nually in  Advance;  arid  in  such  case  the  terms  of  sale  shall 
be  set  forth  in  the  notice  provided  for  in  the  preceding  sec- 
tion: And  provided  further,  That  whenever  the  purchaser 
of  any  such  land  shall  be  proceeding  to  cut  or  remove,  or 
threaten  to  cut  or  remove,  from  such  lands,  so  sold,  timber 
growing  or  being  thereon,  to  such  an  extent  that  the  land, 
after  the  cutting  or  remova]  of  such  timber,  shall  not  be 
equal  in  value  to  the  amount  of  purchase-money,  with  in- 
terest then  remaining  unpaid,  it  shall  be  the  duty  of  the 
trustee  of  the  civil  township  in  which  such  land  is  situated 
(and  he  is  hereby  authorized  and  empowered)  to  commence 
and  maintain  an  action,  in  the  name  of  such  township,  in  the 
circuit  court  of  the  county,  to  restrain  and  enjoin  the  fur- 
ther cutting  or  removal  of  such  timber.  (R.  S.  1908  §6204.) 

1.  COUNTY  LIABLE  *OH  INTEREST.     The  county  is  chargeable  with  in- 
terest on  the  entire  amount  of  the  price  of  the  land,  and  the  default  of 
a  purchaser  of  the  land  in  paying  deferred  installments,  and  its  conse- 
quent forfeiture  of  the  land  to  the  school  fund,  does  not  relieve  the  county 
of  liability  for  interest  on  the  full  amount. — Board  of  Commissioners  v. 
State,  120  Ind.  442. 

2.  INJUNCTION.     It  is  the  duty  of  the  prosecuting  attorney  to  bring 
the  suit  for  an  injunction,  at  the  request  of  the  trustee. — Baldwin,  Atty.- 
Oen. 

[1865,  p.  3.    Approved  March  6, 1865.1 

368.  Forfeiture— Resale.     56.     On  failure  to  pay  such 
annual  interest  when  it  becomes  due,  the  contract  shall  be- 
come forfeited,  and  the  land  shall  immediately  revert  to  the 
township;  and  the  auditor  and  treasurer  shall   proceed, 
forthwith,  again  to  sell  the  same,  in  like  manner  and  on  the 
terms  above  specified.     If,  on  such  second  sale,  such  land 
shall  produce  more  than  sufficient  to  pay  the  sum  owing 
therefor,  with  interest  and  costs,  and  five  per  cent,  damages, 
the  residue  shall,  when  collected,  be  paid  over  to  the  pur- 
chaser or  his  legal  representative.     (R.  S.  1908,  §6205.) 

369.  Forfeiture,  how  prevented.     57.     At  any  time  be- 
fore the  sale,  payment  of  the  interest  due  and  all  costs,  to- 
gether with  two  per  centum  damages  on  the  principal  sum 


SCHOOL    LAW    OF    INDIANA. 


247 


and  interest  due  and  owing  for  said  land,  sliall  prevent 
such  sale  and  revive  the  original  contract.  (R.  S.  1908, 
§6206.) 

370.  Forfeiture — Liability  for  waste.     58.     In  case  of 
such  forfeiture,  the  original  purchaser  may  be  sued  for 
waste  or  unnecessary  injury  done  to  such  land.    (R.  S.  1908, 
§6207.) 

371.  Suit  for  waste.    59.    Such  suit  shall  be  prosecuted 
by  the  auditor,  in  the  name  of  the  state,  for  the  use  of  the 
proper  congressional  township.    (R.  S.  1908,  §6208.) 

372.  Private  sale.    60.    When  any  land  offered  for  sale 
at  public  auction  shall  remain  unsold,  the  county  auditor 
may  dispose  of  the  same  at  private  sale  for  the  best  price 
that  can  be  had  therefor,  not  being  less  than  the  minimum 
price  affixed  thereto.     (R.  S.  1908,  §6211.) 

1.  WHEN  SALE  AUTHORIZED.  This  section  authorizes  a  private  sale 
only  where  the  land  has  beeii  offered  for  ^ale  at  public  auction  and  re- 
mains  unsold. — McPhetcrs  v.  Wright,  110  Ind.  519. 

373.  Reappraisement.    61.    After  the  expiration  of  the 
term  of  four  years  after  any  appraisement  and  offer  for  sale 
of  any  lands  in  this  state  belonging  to  any  township  for 
school  purposes,  and  such  lands  remain  unsold,  it  shall  be 
lawful  to  reappraise,  sell  and  dispose  of  said  lands  in  the 
same  manner  that  they  would  have  been  had  such  lands  not 
been  previously  offered  for  sale:    Provided,  however,  That 
such  appraised  value  shall  not  be  below  the  minimum  price 
now  fixed  by  law.    (R.  S.  1908,  §6212.) 

[1883,  p.  75.    Approved  March  3,  1883.1 

374.  Advertisement  of  funds.     1.     Whenever,   in  any 
county  of  the  state  of  Indiana,  the  school  fund,  or  any  part 
of  the  school  fund,  apportioned  to  such  county  to  be  loaned 
out,  remains  unloaned,  it  shall  be  the  duty  of  the  auditor  of 
said  county  to  advertise,  in  the  months  of  January,  April, 
July  and  October,  for  three  consecutive  weeks,  in  a  weekly 
newspaper  published  in  said  county,  that  such  amount  of 


248  SCHOOL    LAW    OF    INDIANA. 

school  fund  remains  unloaned,  and  that  applicants  for  loans 
can  secure  the  same  by  applying  at  his  office  and  fulfilling 
the  requirements  of  the  law  under  which  he  is  authorized  to 
loan  out  the  school  fund.  (R.  8.  1908,  §6253.) 

[1883,  p.  79.    Approved  March  3,  1883.] 

375.  Reappraisement  of  forfeited  lands.     1.    All  lands 
which  have  become  forfeited  and  have  reverted,  or  may 
hereafter  be  forfeited  and  revert  to  the  various  townships 
in  the  several  counties  of  this  state,  for  failure  to  pay  the 
interest  or  principal  of  the  amount  due  thereon  to  the  school 
fund,  and  which  have  remained  or  hereafter  remain  unsold 
for  the  period  of  three  years,  by  reason  of  the  amount  due 
thereon  being  in  excess  of  the  values  of  said  lands,  may  be 
reappraised  and  sold  for  a  sum  not  less  than  said  reap- 
praised value  thereof;  and  such  reappraisement  and  sale  to 
be  made  in  the  same  manner  and  upon  the  same  terms  and 
conditions  as  is  now  prescribed  by  law  for  the  appraisement 
and  sale  of  such  lands.    (E.  S.  1908,  §6209.) 

1.  To  WHAT  LAND  APPLiABLE.  This  section  relates  to  the  sale  of  con- 
gressional township  lands,  and  it  has  no  reference  to  the  right  of  the 
county  to  be  reimbursed  for  interest  paid  on  loans  out  of  the  proceeds  of 
a  sale  under  a  mortgage  after  the  principal  has  been  paid  to  the  state. — 
Board  v.  State,  122  Ind.  332. 

376.  Appropriation  by  commissioners.     2.     Upon  the 
sale  of  such  lands  as  provided  for  in  the  preceding  section 
of  this  act,  the  board  of  county  commissioners  of  the  several 
counties  in  which  said  lands  are  situated  may  make  an  ap- 
propriation, from  the  general  county  funds,  a  sum  equal  to 
the  difference  between  the  amount  for  which  said  lands 
shall  have  been  forfeited  and  the  amount  for  which  such 
lands  shall  have  last  sold;  said  sum  appropriated  to  be 
placed  to  the  credit  of  the  proper  fund  and  loaned  as  other 
school  funds  are  loaned.    (E.  S.  1908,  §6210.) 

377.  Certificate  of  purchase.    62.     A  certified  statement 
of  such  sale  shall  be  made  and  signed  by  the  auditor,  and, 
being  first  recorded  by  such  auditor  in  the  records  of  the 


SCHOOL    LAW    OF    INDIANA.  249 

board  of  county  commissioners,  shall  be  delivered  to  the 
purchaser  when  he  makes  his  first  payment,  and  shall  en- 
title him  to  a  deed  when  the  terms  of  such  purchase  shall 
have  been  fully  complied  with.  (R.  S.  1908,  §6213.) 

378.  Rights  of  purchaser.    63.    Every  purchaser,  until 
forfeiture,  shall  be  entitled  to  all  the  rights  of  possession 
before  existing  in  such  trustee  or  township,  and  to  all  rights 
and  remedies  for  rents  becoming  due  or  breaches  of  cove- 
nant occurring  after  his  purchase  under  any  lease  existing 
at  the  time  of  his  purchase,  and  for  all  waste  committed 
thereafter.    (R.  S.  1908,  §6214.) 

379.  Failure  to  make  first  payment — Penalty.     64.     A 
purchaser  at  such  sale  failing  to  make  the  first  payment  as 
above  required  shall  pay  ten  per  centum  on  the  sum  bid, 
to  be  recovered  by  action  before  any  court  having  jurisdic- 
tion, to  be  prosecuted  by  the  county  auditor  in  the  name  of 
the  state  for  the  use  of  the  proper  township;  and  the  auditor 
and  treasurer  shall  be  competent  witnesses.     (R.  S.  1908, 
§6215.) 

1.  TENDED  OF  DEED.  In  a  suit  to  recover  the  filial  installment  of  pur- 
chase money,  a  deed  should  be  first  made  and  tendered. — Johnson  v.  State, 
74  I  nd.  5SS. 

380.  Assignment.     65.     No  assignment  of  a  certificate 
shall  be  valid  unless  acknowledged  before  some  officer  au- 
thorized to  take  acknowledgments  of  deeds  or  before  the 
county  auditor,  who  shall,  in  all  such  cases,  record  the  same. 
Assignments  of  certificates  heretofore  made  before  any  offi- 
cer authorized  to  take  acknowledgments  of  deeds,  when  re- 
corded, shall  be  as  valid  as  if  acknowledged  before  the 
county  auditor.    (R.  S.  1908,  §62 16.) 

[1863,  p.  11.    Approved  February  27. 1863.] 

381.  Defective   assignments — Proceedings.     1.     When- 
ever the  certificate  of  the  school  commissioner  or  auditor  of 
any  county  of  this  state,  issued  for  land  sold,  has  been  as- 
signed by  any  person  without  a  proper  acknowledgment 
before  the  county  auditor  or  other  proper  officer,  or  assigned 


250  SCHOOL     LAW     OK     INDIANA. 

by  delivery,  and  such  assignor  is  deceased,  any  assignee  of 
such  certificate,  claiming  title  to  the  land  described  there- 
in, may  file  his  complaint  in  the  proper  circuit  court,  mak- 
ing the  county  auditor  and  the  heirs  of  such  deceased  as- 
signor parties  thereto.  If  it  shall  be  proved  to  the  satis- 
faction of  the  court  that  the  plaintiff,  or  any  party  to  the 
cause,  is  the  equitable  owner  of  the  land,  and  the  purchase 
money  has  been  fully  paid  to  the  school  fund,  the  court  shall 
direct  the  auditor  to  execute  a  proper  conveyance  to  the 
plaintiff  or  other  parties  entitled  thereto,  although  the  cer- 
tificate has  not  been  properly  assigned  or  the  assignment 
thereof  properly  acknowledged  by  the  decedent.  All  other 
persons  claiming  any  interest  in  the  land  may,  on  their  ap- 
plication, be  made  parties  and  heard  in  the  case.  The  au- 
ditor shall  execute  a  conveyance,  according  to  the  directions 
of  the  court;  and  such  conveyance  shall  vest  in  the  grantee 
the  title  of  said  land  as  fully  and  to  all  intents  and  pur- 
poses as  if  the  certificate  had  been  legally  assigned  and  the 
assignment  properly  acknowledged.  (E.  S'.  1908,  §6217.) 

[1865,  p,  3.    Approved  March  6, 1865.] 

382.  Loan  of  purchase  money.    66.    When  the  residue  of 
the  purchase  money  becomes  due,  the  purchaser  may  retain 
the  same  as  a  loan  for  a  term  not  exceeding  three  years,  on 
payment,  annually  made  in  advance,  of  the  interest  thereon, 
at  the  rate  then  established  by  law  for  the  loans  of  such 
funds;  but  he  shall  receive  no  deed  until  full  payment  is 
made.    (E.  S.  1908,  §6218.) 

383.  Payments.     67.    Purchasers  may,  at  any  time  be- 
fore due,  pay  a  part  or  the  whole  of  such  purchase  money. 
(E.  S.  1908,  |6219.) 

384.  Lost  certificate.     68.     When  any  such  certificate 
shall  be  lost  before  a  deed  be  made,  on  proof  thereof  by 
affidavit  of  the  person  interested,  or  other  competent  testi- 
mony, to  be  filed  with  the  county  auditor,  and  after  three 
months'  notice  of  intention  to  apply  for  a  new  certificate, 
given  in  some  newspaper  printed  nearest  to  where  the  laud 
lies,  such  auditor  may  issue  the  same  to  the  person  entitled 
thereto.    (E.  S.  1908,  §6220.) 


SCHOOL    LAW    OF    INDIANA.  251 

1.  LOST  CEBTIFICATE.  If  a  certificate  be  lost  a  new  one  may  be  Issued 
to  the  purchaser,  even  to  a  grantee  of  the  purchaser. — Hmkle  v.  Margerum, 
50  Ind.  240,  243. 

385.  Purchase  money,  where  paid.     69.    The  purchase 
money  and  interest,  and  all  costs  and  damages  above  pro- 
vided for,  shall  be  paid  to  the  treasurer  of  the  proper  coun- 
ty, and  his  receipt  therefor  filed,  by  the  person  paying,  with 
the  county  auditor,  who  shall  issue  his  quietus  therefor. 
(E.  S.  1908,  §6221.) 

386.  Duty  of  auditor.     70.     When  such  payment  is  in 
completion  of  any  contract  of  sale,  the  amount  of  such  re- 
ceipt shall  be  indorsed  by  the  county  auditor  on  the  cer- 
tificate of  purchase.    (R.  S.  1908,  §6222.) 

387.  Deed.    71.    On  full  payment  for  such  land  a  deed 
shall  be  issued  by  the  county  auditor,  and  entered  upon  the 
record-book  of  the  board  of  county  commissioners.     (R.  S. 
1908,  §6223.) 

1.  ENTRY  ON  RECORD.  The  deed,  before  delivery,  must  be  entered  on 
the  record-book  of  the  county  commissioners. — Arnold  v.  Gaff,  58  Ind.  648. 

[1877,  p.  139.    Approved  February  8, 1877.] 

388.  Sale — Legalization.    1.    In  all  cases  where  school 
lands  have  been  sold  and  certificate  has  either  been  issued 
to  the  purchaser  or  entered  of  record  in  the  proper  office,  or 
otherwise,  so  the  purchaser  entered  into  possession  and  paid 
part  of  <he  whole  of  the  purchase  money,  or  could  have  en- 
tered into  occupancy,  such  sale  shall  be  deemed  and  held 
a  sale  under  the  law,  as  much  as  it  would  be  had  a  deed 
been  made  and  delivered  and  the  fee  had  been  passed  to 
the  purchaser;  and  such  lands  shall  be  deemed  and  held  as 
having  been  sold,  so  as  to  make  them  liable  to  taxation,  with- 
in the  meaning  of  the  law,  as  fully  and  completely  as  they 
would  have  been  had  a  deed  been  delivered.    All  appraise- 
ments of  lands  so  sold,  and  all  assessments  of  the  same  for 
taxes,  and  all  levies  and  collections  of  taxes  thereon,  here- 
tofore made,  are  hereby  legalized  and  declared  to  be  law- 
ful and  valid,  and  shall  in  nowise  be  subject  to  question  by 
reason  of  such  sale  not  having  been  consummated  by  ex- 
ecution and  delivery  of  deed.     (R.  S'.  1908,  §6224.) 


252  SCHOOL    LAW    OF    INDIANA. 

[1865,  p.  3.    Approved  March  6,  1865.] 

389.  Title,  when  complete.    72.    Such  deed  shall  be  ex- 
ecuted and  acknowledged,  at  the  cost  of  the  grantee,  by  the 
county  auditor,  as  in  other  cases ;  and,  thus  executed  and  de- 
livered, shall  vest  in  the  grantee,  his  heirs  and  assigns,  for- 
ever, a  complete  title  to  the  land.    ( R.  S.  1908?  §6225. ) 

390.  Sale  had  without  vote.    73.    The  voters  of  any  con- 
gressional township  may,  in  the  absence  of  a  vote  to  sell 
land,  and  in  lieu  thereof,  petition  the  trustee  of  the  town- 
ship for  such  sale.    Such  petition,  if  signed  by  a  majority  of 
all  the  voters  of  the  township,  shall  be  filed  with  the  county 
auditor,  and  the  same  proceeding  shall  be  had  as  provided 
in  section  54  [§500],  upon  a  vote  of  the  inhabitants  of  the 
township  for  such  sale.    Such  petition  and  certificate  shall 
be  recorded  in  the  record-book  of  the  trustee  of  the  town- 
ship and  of  the  county  auditor  of  the  investment  of  funds 
held  for  the  benefit  of  common  schools  and  congressional 
townships.    (K  S.  1908?  §6226.) 

391.  Compensation  on  failure  of  title.    150.    When  any 
officer  authorized  to  sell  school  lands  shall  have  sold  any 
lands  without  a  title  thereto,  such  officer,  or  his  successor  in 
office  may  convey  such  other  lands  of  equal  value  as  may  be 
agreed  upon  by  such  officer  and  the  purchaser,  his  heirs  or 
assigns;  or,  failing  to  make  such  agreement,  the  purchase 
money,  with  interest,  shall  be  repaid  to  the  purchaser,  his 
heirs,  executors,  administrators  or  assigns ;  but  no  such  pur- 
chase money  shall  be  thus  repaid  until  the  proper  prosecut- 
ing or  district  attorney  shall  have  investigated  the  facts  of 
the  case  and  certified  to  the  correctness  of  the  claim.    (E.  S. 
1908,  §6227.) 

1.     SALES   LEGALIZED.     Sales   in    unauthorized    subdivisions    prior    to 
March  3,  1855,  were  legalized. — Acts  1855,  p.  144. 

[T855,  p.  49.    Approved  March  1, 1855.] 

392.  Lands  of  surplus  revenue  fund,  how  sold.  1.  Where 
the  surplus  revenue  fund  belonging  to  common  schools,  in 
any  county  in  this  state,  or  any  part  of  such  fund,  has  by 


SCHOOL    LAW    OF    INDIANA.  253 

any  means  become  invested  or  changed  into  real  estate,  the 
board  of  commissioners  of  such  county  are  hereby  author- 
ized to  dispose  of  the  same,  by  sale,  in  such  manner  as  may 
seem  best  for  the  interest  of  the  common  school  fund,  and  to 
reinvest  the  proceeds  of  such  sale  in  the  manner  directed 
by  law  for  the  investment  of  other  moneys  belonging  to  the 
common  school  fund.  (R.  S.  1908,  §6228.) 

[1893,  p.  41.    Approved  February  17,  1893.] 

393.  Interest — Judgment.       1.      The   principal    of   all 
moneys,  whether  belonging  to  the  common  school  fund  or 
to  the  congressional  township  school  fund,  received  into  the 
county  treasury  shall  be  loaned  at  6  per  cent,  per  annum, 
payable  annually  in  advance,  and  the  interest  paid  out  as 
prescribed  by  the  school  law  of  this  state,  and  not  otherwise ; 
and  any  judgment  upon  any  note  or  mortgage  for  any  part 
of  said  fund  shall  bear  6  per  cent,  interest  from  the  date 
thereof  till  the  same  is  paid;  and  no  greater  rate  of  interest 
than  is  herein  specified  shall  be  exacted  or  received  upon 
any  loan  heretofore  made  at  the  rate  of  8  per  cent,  per  an- 
num shall,  from  and  after  the  taking  effect  of  this  act,  draw 
6  per  cent,  interest  per  annum,  the  same  as  if  negotiated 
under  the  provisions  of  this  act.    (R.  S.  1908,  §6229.) 

[1907,  p.  76.    Approved  February  25, 1907.] 

394.  Advertisement  of  funds.     1.    It  shall  be  the  duty 
of  the  county  auditor  to  publish  once  each  quarter,  in  a 
weekly  paper  of  general  circulation  published  in  his  county, 
the  amount  of  the  common  school  fund  on  hand  subject  to 
loan:     Provided,  No  such  newspaper  advertisement  shall 
cost  to  exceed  one  dollar  and  fifty  cents.    In  all  cases  where 
there  is  one  thousand  dollars  in  such  fund  to  be  loaned,  he 
shall  also  keep  the  same  continually  posted  on  a  bulletin 
board  in  a  conspicuous  place  in  his  office:    Provided,  That 
in  counties  containing  a  city  having  a  population  of  ten 
thousand  or  more,  according  to  the  last  preceding  United 
States  census,  said  notice  may  be  published  in  a  daily  news- 
paper of  general  circulation,  but  such  notice  shall  not  be 
published  more  than  once  in  a  quarter  in  such  newspaper. 
(R.  S.  1908,  §6254.) 


254  SCHOOL    LAW    OF    INDIANA. 

395.  County  auditor— Penalty.  2,  Should  the  auditor 
fail  to  comply  with  the  requirements  of  this  act  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  there- 
of shall  be  fined  not  less  than  ten  (10)  dollars  nor  more  than 
twenty-five  (25)  dollars  for  each  offense.  (R,  S.  1908, 
§6255.) 

[1865,  p.  3.    Approved  March  6, 1865.1 

.  396.  Auditor's  duty.  75.  Such  loans  shall  be  made  by 
the  county  auditor,  who  shall  inform  himself  of  the  value  of 
the  real  estate. offered  in  the  mortgage  and  be  satisfied  of 
the  validity  of  the  title  thereof  and  all  persons  applying  for 
a  loan  shall  produce  to  said  auditor  title  papers,  showing 
to  his  satisfaction,  a  good  and  sufficient  title  in  fee-simple, 
without  incumbrance,  [and]  not  derived  from  sale  for  taxes. 
(E.  S.  1908,  §6240.) 

397.  Appraisement.    76.    The  auditor  shall  require  three 
disinterested  freeholders  of  the  neighborhood  to  appraise 
any  land  offered  in  mortgage.     (R.  S.  1908,  §6241.) 

398.  Duty  of  appraisers.     77.     Such  appraisers,  being 
first  officially  sworn,  shall  examine  and  appraise  such  land, 
and  sign  and  give  to  the  applicant  a  certificate,  setting  forth 
the  fair  cash  value  of  the  land  at  the  time,  without  taking 
into  consideration  perishable  improvements.     (R.  S.  1908, 
§6242.) 

11885,  p.  195.    Approved  April  11,  1885.] 

399.  Loans  outside  of  county.  78.  In  making  such  loans 
preference  shall  be  given  to  the  inhabitants  of  the  county: 
Provided,  That  whenever  any  of  such  funds  shall  have  re- 
mained in  the  treasury  of  any  county  to  which  the  same  may 
belong  for  a  period  of  three  months,  without  being  loaned  to 
any  inhabitant  of  said  county,  then  the  auditor  of  said 
county  may  loan  the  same  to  any  freeholder  of  any  other 
county  in  Indiana,  upon  his  complying  with  the  law  regulat- 
ing such  loans.     When  the  land  received  as  security  for 
any  such  loan  is  situated  in  any  county  of  the  state  other 


SCHOOL    LAW    OF    INDIANA.  255 

than  the  one  in  which  the  loan  is  made,  and  there  is  default 
in  the  payment  of  interest  or  principal,  the  auditor  of  the 
county  making  the  loan  shall  at  once  transmit  to  the  auditor 
of  the  county  where  the  land  is  situated  a  certified  copy  of 
the  note  and  mortgage  given  for  the  loan,  with  a  statement 
of  such  default  in  payment,  and  the  auditor  of  such  latter 
county  shall,  upon  such  certified  copy,  at  once  proceed  to 
enforce  the  collection  of  such  loan  either  by  suit  or  sale  of 
the  land,  as  is  now  provided  by  law;  and,  after  receiving 
such  certified  copy  by  said  auditor,  all  steps  taken,  and  all 
proceedings  had,  with  reference  to  said  loan  or  the  land 
which  was  mortgaged  shall  be  the  same  as  if  the  loan  had 
originally  been  made  out  of  the  funds  belonging  to  said 
county;  and  all  money  collected  or  realized  upon  such  loan 
shall  at  once,  as  soon  as  collected  or  realized,  be  paid  over 
to  the  auditor  of  the  county  having  made  the  loan.  (R.  S. 
1908,  §6243.) 

[1865,  p.  3.    Approved  March  6,  1865.] 

400.  Oath  of  applicant.    81.    Such  applicant  shall  make 
oath  that  there  is  no  incumbrance  or  better  claim,  that  he 
knows  of,  and  that  the  abstract  of  the  title  presented  by 
him  is,  as  he  believes,  a  true  one.    (R.  S.  1908,  §6246.) 

401.  Time  of  loan.     82.    No  loan  shall  be  made  for  a 
longer  term  than  five  years.    (R,  S.  1908,  §6247.) 

[1901,  p.  152.    Approved  March  7,  1901.] 

402.  Loan  of  school  and  university  funds.    1.    The  prin- 
cipal of  all  moneys,  whether  belonging    to    the  common 
school  fund,  the  congressional  township  school  fund,  or  the 
permanent  endowment  fund,  Indiana  university,  received 
into  the  county  treasury,  shall  be  loaned  at  6  per  cent,  per 
annum  payable  annually  at  the  end  of  each  year  from  the 
date  of  such  loan.    (R.  S.  1908,  §6230.) 

403.  Limit  of  loan.    2.    The  amount  loaned  to  any  per- 
son or  company  from  the  common  school  fund,  the  congres- 
sional township  school  fund,  or  the  permanent  endowment 
fund,  Tmliann  University,  shall  not  exceed  four  -thousand 
dollars.     (R.  S.  1908,  §6231.) 


256  SCHOOL    LAW    OF    INDIANA. 

404.  Percentage  of  value  of  land.    3.    The  sum  loaned 
shall  not  exceed  one-half  the  appraised  value  of  the  prem- 
ises proposed  to  be  mortgaged.    In  all  cases  where  perish- 
able improvements  upon  real  estate  are  accepted  as  a  part 
of  the  security  for  any  such  loan,  the  real  estate  and  the 
perishable  improvements  thereon  shall  be  appraised  sepa- 
rately, and  there  shall  be  procured  by  the  borrower  a  pol- 
icy, or  policies,  of  fire  and  tornado  insurance  issued  by  a 
company,  or  companies,  duly  authorized  by  the  auditor  of 
state  to  do  business  in  this  state,  and  such  policy  or  policies 
shall  contain  the  union  mortgage  clause  in  favor  of  the 
county  wherein  such  loan  is  made,  and  such  borrower  shall 
deliver  such  policy,  or  policies,  of  insurance  to  the  auditor 
of  such  county  and  shall  keep  such  improvements  insured 
in  the  manner  aforesaid  during  the  time  that  such  loan  is 
in  force.     The  mortgage  securing  such  loan  shall  contain 
the  provision  that  such  insurance  shall  be  procured  and 
kept  in  force  as  above  provided.    Upon  the  failure  of  said 
borrower  to  do  so,  the  auditor  shall  procure  such  insurance, 
and  the  premium  or  premiums  thereof  shall  become  a  part 
of  the  debt  secured  by  said  mortgage,  bearing  same  rate  of 
interest  as  the  mortgage  debt,  and  the  further  provision 
that  such  mortgage  may,  upon  such  default  by  such  bor- 
rower, be  foreclosed.    Such  insurance  shall  in  all  cases  be 
for  a  sum  equivalent  to  sixty-six  and  two-thirds  per  cent, 
of  the  appraised  value  of  such  portion  of  said  perishable 
improvements  as  is  accepted  as  security  for  any  such  loan : 
Provided,  That  when  such  premises  are  situated  in  a  county 
other  than  that  to  which  such  fund  may  belong,  the  sum 
loaned  thereon  shall  not  exceed  forty  per  cent,  of  the  ap- 
praised value  of  such  premises.     (As  amended  1903,  p.  119, 
R.  S.  1908,  §6232.) 

[1901,  p.  152.    Approved  March  7, 1901.] 

405.  Length  of  time.    4.     No  loan  shall  be  made  for  a 
longer  term  than  five  years,  and  any  borrower  of  such 
funds  shall  have  the  right  to  pay  not  less  than  ten  per  cent, 
of  any  sum  so  loaned  to  him  at  the  end  of  any  year  during 


SCHOOL    LAW    OF    INDIANA.  257 

the  maturing  of  said  loan,  and  shall  not  be  required  to  pay 
any  interest  thereafter  on  such  sum  paid.  (R.  S'.  1908, 
§6233.) 

406.  County  may  borrow.     5.     In  any  county  in  this 
state  where  the  common  school  fund,  congressional  town- 
ship school  fund,  or  the  permanent  endowment  fund,  Indi- 
ana university,  or  either  of  said  funds,  subject  to  loan  by 
the  county  auditor,  shall  accumulate  to  the  amount  of  one 
thousand  dollars  or  more,  and  shall  remain  unloaned  for  a 
period  of  thirty  days  or  more,  and  such  county  shall  not 
have  sufficient  money  in  its  treasury  to  pay  the  debts  and 
obligations  then  owing  by  such  county,  it  shall  be  lawful 
for  such  county  to  borrow  and  use  such  unloaned  school 
funds,  or  any  portion  thereof,  for  a  period  not  exceeding 
five  years.    (R.  S.  1908,  §6234.) 

407.  Note  of  county — County  council.     6.     Whenever 
any  county  council  shall  determine  to  borrow  and  use  any 
such  funds  under  the  provisions  of  this  act,  such  council 
shall  cause  to  be  entered  of  record  an  order  specifying  the 
amount  of  such  funds  to  be  borrowed  and  used,  and  the 
time  for  which  such  loan  shall  be  made,  and -shall  execute 
to  the  state  of  Indiana,  for  the  use  of  the  said  funds,  a 
written  obligation  signed  by  the  president  of  said  council, 
specifying  the  facts  under  which  the  same  is  executed,  the 
sum  of  money  borrowed,  and  the  time  when  such  money 
shall  be  repaid  to  such  county.    Said  obligation  shall  be  de- 
posited with  the  auditor  of  the  county,  and  shall  be  pre- 
served by  him  as  mortgages  for  loans  of  such  funds  are 
kept  and  preserved;  and  such  auditor  shall  make  the  same 
entries  of  record  in  his  office  respecting  such  loans  as  he  is 
required  by  law  to  make  when  loans  of  such  funds  are  made 
to  private  individuals..     (R.  S.  1908.  §6235.) 

408.  Auditor's  warrant.    7.    On  the  deposit  of  such  obli- 
gation with  the  county  auditor,  he  shall  draw  his  warrant 
upon  the  county  treasurer,  in  favor  of  such  county,  for  the 

[17—272771 


258 


SCHOOL    LAW    OF    INDIANA. 


amount  of  money  specified  in  such  order  and  obligation; 
and  on  presentation  of  such  warrant  to  such  treasurer  he 
shall  transfer  from  the  principal  sum  of  the  common  school 
funds,  the  congressional  township  school  funds  or  the  per- 
manent endowment  fund,  Indiana  university,  in  his  hands, 
subject  to  loan,  to  the  credit  of  the  county  revenue  of  such 
county,  the  amount  of  such  warrants,  and  such  sum  shall 
become  a  part  of  the  general  revenue  funds"  of  the  county. 
No  county  auditor  shall  act  as  agent  for  any  person,  firm 
or  corporation,  either  directly  or  indirectly,  during  his 
term  of  office,  in  the  negotiation  of  any  loan  of  money,  other 
than  in  loaning  the  funds  mentioned  in  this  act.  (R.  S. 
1908,  §6236.) 

409.  Rate  of  interest.     8.     Any  county  borrowing  and 
using  any  funds  under  the  provisions  of  this  act,  shall  be 
required  to  pay  interest  for  the  use  of  such  funds  at  the 
rate  of  six  per  cent,  per  annum.    (R.  S.  1908,  §6237.) 

410.  Payment  of  loan.     9.     On   the  payment  by  any 
county  of  a  loan  made  under  this  act,  the  same  proceedings 
shall  be  had  by  the  county  auditor  and  treasurer  as  is  re- 
quired by  law  to  be  taken  and  had,  so  far  as  entries  upon 
their  records  are  concerned,  as  when  a  loan  of  school  funds 
or  state  university  funds  is  paid  by  a  private  individual, 
and  when  such  loan  is  fully  paid,  and  a  receipt  therefor 
given  by  the  county  treasurer  to  the  county  auditor,  such 
auditor  shall  enter  of  record  a  statement   showing  such 
payment  and  shall  cancel  the  obligation  given  by  the  county 
council  and  file  the  same  for  future  reference  in  the  arch- 
ives of  his  office.    (R.  S.  1908,  §6238.) 

411.  Transfer  from  one  county  to  another.    10.    When- 
ever more  than  five  thousand  (5,000)  dollars  of  either  of 
said  funds  remains  unloaned  in  any  county  for  a  period  of 
six  (6)  months,  it  shall  be  the  duty  of  the  county  auditor  to 
notify  the  auditor  of  state  of  such  fact,  with  the  name  of 
the  fund  to  which  such  unloaned  sum  belongs,   and  the 
amount  so  unloaned.     The  auditor  of  any  county  having 


SCHOOL    LAW    OF    INDIANA.  259 

applications  for  loans  beyond  the  amount  of  the  funds  now 
apportioned  to  said  county  shall  notify  the  auditor  of  state 
of  such  fact,  and  the  auditor  of  state  may  transfer  the  un- 
loaned  funds  from  any  county  to  any  other  county,  credit- 
ing the  county  from  which  the  same  is  transferred  with  the 
amount  so  transferred,  and  charging  the  county  to  which 
the  same  is  transferred  with  such  amount,  and  thereafter 
the  county  to  which  such  sum  is  transferred  shall  account 
for  the  interest  thereon.  (E.  S.  1908,  §6239.) 

1.     NOTE.     Section  11  repeals  all  laws  in  conflict  with  the  ten  preced- 
ing sections. 

[1881,  p.  99.&Approve<l  AprilH4, 1881.]] 

412.  Certificate  as  to  liens.    1.    An  applicant  for  a  loan 
of  a  part  of  the  common  school  fund  or  of  the  congres- 
sional township  school  fund  shall  file  with  the  auditor  of 
the  county  the  certificate  of  the  clerk  and  recorder  of  the 
county  that  there  is  no  incumbrance  on  the  land  offered  as 
a  security  for  the  loan  in  either  of  said  offices:    Provided, 
That  where  the  records,  books  and  papers  of  the  clerk's 
office  have  been  destroyed  by  fire,  the  clerk's  certificate 
shall  only  state  the  fact  and  date  of  such  destruction,  and 
that  there  is  no  incumbrance  on  said  land  appearing  from 
any  of  the  records,  books  and  papers  then  on  file  in  his 
office,  and  that  there  is  no  incumbrance  on  said  land  in  his 
office  of  which  he  has  any  knowledge.    The  applicant  shall 
also,  in  such  case,  execute  to  the  state  of  Indiana,  for  the 
benefit  of  the  common  school  fund,  a  bond  with  one  or  more 
freehold  sureties  to  the  approval  of  the  auditor,   condi- 
tioned for  the  payment  of  so  much  of  the  loan  as  may  be 
lost  by  reason  of  any  incumbrance  or  lien  upon  the  land 
which  was  evidenced  by  the  records,  books  or  papers  in  the 
clerk's  office  which  have  been  destroyed.      (E.   S.   1908, 
§6245.) 

;[1865,  p.  3.    Approved  March  6,  1865.1 

413.  Acknowledgments   and  oaths.     84.     The   auditor 
shall  have  the  power  to  administer  all  oaths  and  take  all 
acknowledgments  required  by  this  act.    (E.  S.  1908,  §6249.) 


260  SCHOOL    LAW    OF    INDIANA. 

t 

414.  Record  of  mortgages  —  Priority.     85.     Mortgages 
taken  for  such  loans  shall  be  considered  of  record  from  the 
date  thereof,  and  shall  have  priority  of  all  mortgages  or 
conveyances  not  previously  recorded,  and  all  other  liens 
not  previously  incurred,  in  the  county  where  the  land  lies. 
(R.  S.  1908,  §6250.) 

415.  Auditor's  duty.    86.    The  auditor  shall  cause  such 
mortgages  to  be.  recorded  immediately,  retaining  the  cost 
of  recording  out  of  the  money  borrowed.      (R.  S.   1908, 
§6251.) 

416.  Fees.      108.      The    following   fees    only    shall    be 
charged  in  cases   of  mortgage  for  loans:    To   each  ap- 
praiser, fifty  cents;  for  recording  mortgage,  one  dollar; 
for  drawing  mortgage,  one  dollar;  for  making  borrower's 
affidavit,  ten  cents;  for  clerk 's  certificate,  fifty  cents;  for 
recorder's  certificate  and  examining  title,  each  one  dollar; 
which  shall  be  paid  by  the  borrower.    (R.  S.  1908,  §6256.) 

417.  Interest  unpaid — Auditor's  duty.     87.     On  failure 
to  pay  any  installment  of  interest  when  the  same  becomes 
due,  the  principal  sum  shall  forthwith  become  due  and  pay- 
able, and  the  auditor  may  proceed  to  collect  the  same  by 
suit  on  the  note,  or  by  sale  of  the  mortgaged  premises.    He 
may  also,  by  suit,  recover  the  possession  of  the  mortgaged 
premises  before  sale  thereof;  and  he  shall,  on  the  fourth 
Monday  in  March,  annually,  offer  for  sale  all  mortgaged 
land  on  which  payments  of  interest  are  due  on  the  first  day 
of  January  and  unpaid  on  the  day  of  sale.     (R.  S.  1908, 
§6260.) 

[1885,  p.  195.    Approved  April  11, 1885.1 

418.  Collection  on  default.    4.    It  shall  be  the  duty  of 
the  auditor  of  each  county,  in  case  default  shall  be  or  has 
been  made  in  the  payment  of  principal  or  interest  of  any 
school  fund  loan,  to  at  once  proceed  to  enforce  the  collec- 
tion of  such  principal  or  interest,  as  the  case  may  be ;  and 
any  auditor  who  shall  fail  or  refuse  to  comply  with  the  re- 


.  SCHOOL    LAW    OF    INDIANA.  261 

quirements  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  fined  in  any  sum 
not  exceeding  one  thousand  dollars.  (R.  S.  1908,  §6261.) 

[1865,  p.  3.  Approved  March  6,  1865.] 

419.  Fund  to  be  specified.    88.    The  mortgage  may  be,  in 
substance,  as  follows :  and  the  auditor  shall  specify  therein 
whether  the  same  belongs  to  the  common  school  fund  or  to 
the  congressional  township  fund,  and,  if  the  latter,  the  par- 
ticular township  or  townships  whose  funds  are  thus  loaned. 
(K.  S.  1908,  §6262.) 

1.     OMISSION  TO  SPECIFY.     The  omission  to  state  the  particular  fund 
does  not  render  the  mortgage  void. — Benefiel  v.  Aughe,  93  Ind.  401,  407; 

Ellis  v.  State,  2  Incl.  r^ii?. 

420.  Form  of  mortgage.     89.     I,  A.  B.,  of  the  county 
of  -    — ,  in  the  state  of  Indiana,  do  mortgage  to  the  state 
of  Indiana,  for  the  use  of  [here  describe  the  fund  out  of 
which  the  loan  was  made]  all  [here  describe  the  land],  for 
the  payment  of  -      -  dollars,  with  interest  at  the  rate  of 
eight  per  cent,  per  annum,  payable  annually  in  advance, 
according  to  the  conditions  of  the  note  hereto  annexed. 
(R.  S.  1908,  §6263.) 

1.     CONSTRUCTION.     For  cases  on  school  mortgages,  see  Burk  v.  Axt, 
85  I  ud.  512 ;  Nolan  v.  State,  115  Ind.  529. 

421.  Form  of  note.     90.     The  note  accompanying  the 
same  may  be  in  substance  as  follows,  to  wit:     I,  A.  B., 
promise  to  pay  to  the  state  of  Indiana,  for  the  use  of  [here 
recite  the  particular  fund],  on  or  before  -    — ,  the  sum  of 

-  dollars,  with  interest  thereon  at  the  rate  of  eight  per 

cent,  per  annum  in  advance,  commencing  on  the day 

of  -  — ,  18 — ;  and  do  agree  that,  in  case  of  failure  to  pay 
any  installment  ofi  interest  when  the  same  shall  become 
due,  the  principal  sum  shall  become  due  and  payable,  to- 
gether with  all  arrears  of  interest;  and  on  failure  to  pay 
such  principal  or  interest  when  due,  two  per  cent,  damages 
shall  be  collected,  with  costs,  and  the  premises  mortgaged 


262 


SCHOOL    LAW    OF    INDIANA. 


may  be  sold  by  the  county  auditor  for  the  payment  of  such 
principal  sum,  interest,  damages  and  costs.  (R.  S.  1908, 
§6264.) 

1.  NOTE  NOT  SIGNED.    A  mortgage  executed  to  secure  a  note  attached 
to  it  is  binding,  though  the  note  is  not  signed;  and  there  is  no  error  in 
allowing  the  note  to  be  read  in  evidence,  it  being  a  part  of  the  mortgage. — 
McFadden  v.  State,  82  Ind.  558. 

2.  ILLEGAL  FEES.    As  to  attorney  fees  charged  for  collecting  a  note, 
see  Coleman  v.  Gobeu,  16  Ind.  App.  346. 

422.  Warrant  to  borrower.     91.     On  making  a  loan,  of 
any  fund  the  auditor  shall  draw  his  warrant  in  favor  of  the 
borrower,  upon  the  county  treasurer,  who  shall  charge  it  to 
the  proper  fund.    (R,  S.  1908,  §6265.) 

423.  Payments — Quietus.     92.    All  loans  refunded  and 
all  interest  shall  be  paid  to  the  county  treasurer,  and  his 
receipt  shall  be  filed  with  the  county  auditor,  who  shall 
give  the  payer  a  quietus  therefor,  and  make  proper  en- 
tries.   (R.  S.  1908,  §6266.) 

424.  Indorsements  and  satisfaction.    93.    Whenever  the 
amount  due  on  any  mortgage  shall  be  paid,  and  the  treas- 
urer's receipt  therefor  filed,  the  auditor  shall  indorse  on 
the  note  and  mortgage  that  the  same  has  been  duly  satis- 
fied, and  surrender  the  same  to  the  person  entitled  thereto ; 
and,  on  production  of  the  same  thus  indorsed,  the  recorder 
shall  enter  satisfaction  upon  the  record.    (R.  S.  1908,  §6267.) 

425.  Suit  for  deficiency.     94.     In  all  cases  where  the 
mortgaged  premises  shall  fail  to  sell  for  a  sum  sufficient 
to  satisfy  the  principal  and  interest  of  the  loan  made,  and 
the  damages  accrued  by  reason  of  such  failure,  and  costs, 
the  county  auditor  shall  bring  suit  on  the  notes  executed 
by  the  mortgagor;  and  whenever  judgment  shall  be  ren- 
dered thereon,  no  appraisement  of  property  shall  be  al- 
lowed on  execution  issued  on  such  judgment.     (R.  S.  1908, 
§6269.) 

426.  Notice  of  sales.     95.     Before  sale  of  mortgaged 
premises,  the  auditor  shall  advertise  the   same  in   some 


SCHOOL    LAW    OF    INDIANA.  263 

newspaper  printed  in  the  county  where  the  land  lies,  if  any 
there  be  (otherwise,  in  a  paper  in  the  state  nearest  there- 
to), for  three  weeks  successively,  and,  also,  by  notice  set  up 
at  the  court  house  door  and  at  three  public  places  in  the 
township  where  the  land  lies.  (E.  S.  1908,  §6270.) 

427.  Manner  of  sale — Surplus.  96.  At  such  sale  (which 
shall  be  held  at  the  court  house  door),  the  auditor  shall 
sell  so  much  of  the  mortgaged  premises,  to  the  highest  bid- 
der, for  cash,  as  will  pay  the  amount  due  for  principal,  in- 
terest, damages  and  costs.  When  less  than  the  whole  tract 
mortgaged  shall  be  sold,  the  quantity  sold  shall  be  taken 
in  a  square  form,  as  nearly  as  possible,  off  the  northwest- 
erly corner  of  said  tract ;  and  when  less  than  the  whole  of 
any  in-lot  or  out-lot  of  any  town  or  city  shall  be  sold,  the 
part  sold  shall  be  laid  out  and  taken  off,  so  that  it  shall 
extend  from  the  main  or  principal  street  or  alley  on  which 
the  said  lot  fronts,  to  the  rear  thereof,  to  divide  the  same 
by  a  line  as  nearly  parallel  with  the  boundaries  of  said  lot 
as  practicable,  and  if  less  than  the  whole  is  sold,  the  aud- 
itor, in  his  notice  of  sale,  shall  indicate  off  of  which  side 
or  end  of  said  lot  the  part  to  be  sold  shall  be  taken;  and 
if  more  than  one  tract  of  land  is  included  in  the  mortgaged 
premises,  the  auditor  shall  elect  which  tract  or  tracts  shall 
be  sold,  saving  to  the  mortgagor,  if  practicable,  the  tract  on 
which  his  house  is  located.  If  a  tract  of  land  so  mortgaged, 
and  liable  to  be  sold  to  satisfy  the  mortgage,  can  not  be  di- 
vided without  materially  diminishing  the  value  of  such 
tract;  or  if  any  in-lot  or  out-lot  be  indivisible  by  reason  of 
extensive  buildings  or  other  improvements  thereon,  the 
auditor  may  sell  the  whole  thereof,  and,  after  paying  the 
amount  due  for  principal,  interest,  damages  and  costs,  out 
of  the  purchase  money,  shall  pay  the  balance,  if  any,  to  the 
mortgagor;  and  if  the  auditor  sell  any  part  of  a  tract  of 
land,  out-lot  or  in-lot  for  more  than  the  amount  of  prin- 
cipal, interest,  damages  and  costs,  the  excess,  if  any,  shall 
be  paid  to  the  mortgagor.  (R.  S.  1908,  §6271.) 


264  SCHOOL    LAW    OF    INDIANA. 

428.  Auditor's  bid.  97.  In  case  of  no  bid  for  the  amount 
dne,  the  auditor  shall  bid  in  the  same  on  account  of  the 
fund,  and,  as  soon  thereafter  as  may  be,  shall  sell  the  same 
—having  first  caused  it  to  be  appraised  by  three  disinter- 
ested freeholders  of  the  neighborhood — upon  the  following 
terms,  viz. :     One-third  cash  in  hand,  and  the  balance  in 
four  equal  installments,  due  in  one,  two,  three  and  four 
years,  respectively,  from  the  day  of  sale,  bearing  interest  at 
six  per  cent,  per  annum,  payable  annually  in  advance ;  but 
no  such  sale  shall  be  for  a  less  sum  than  the  appraised 
value  thereof.    (E.  S.  1908,  §6272.) 

429.  Sale  of  lands  bid  in.    98.    Lands  heretofore  bought 
in  on  account  of  the  fund,  which  have  been  appraised,  shall 
be  sold  in  like  manner;  and  if,  upon  sale  of  any  such  land, 
a  sum  is  realized  which  is  more  than  sufficient  to  pay  the 
principal,  interest,  damages  and  costs,  the  overplus  shall 
be  paid  to  the  original  mortgagor,  his  heirs  or  assigns, 
when  collected.    (E.  S.  1908,  §6273.) 

430.  Deed  by  auditor.     99.     Upon  full  payment  being 
made  for  such  lands,  the  deed  therefor  shall  be  executed  by 
the  county  auditor,  and  shall  be  entered  in  the  record  of 
the  board  of  county  commissioners  before  delivery.     (R.  S. 
1908,  §6282.) 

431.  Statement  of  sales.    100.    At  the  public  sale  at  the 
court  house  door  provided  for  in  this  act,  the  county  treas- 
urer shall  also  attend,  and  make  a  statement  of  such  sales, 
which  shall  be  signed  by  the  auditor  and  treasurer,  and 
after  being  recorded  in  the  auditor's  office  shall  be  filed 
in  the  treasurer's  office;  and  such  record,  or  a  copy  thereof, 
authenticated  by  the  auditor's  or  treasurer's  certificate, 
shall  be  received  as  evidence   of  the  matters   contained 
therein.    (E.  S.  1908,  §6283.) 

1.  STATEMENT  SIGNED.  This  statement  must  be  signed  by  both  audi- 
tor and  treasurer,  or  the  sale  will  be  void. — Arnold  v.  Gaff,  58  Ind.  543; 
Benefiel  v.  Aughe,  93  Ind.  401. 

432.  Title  in  state  without  deed.    101.    When  any  land 
is  laid  [bid]  off  by  the  auditor  at  such  sale,  no  deed  need  be 


SCHOOL    LAW    OF    INDIANA.  265 

made  therefor  to  the  state;  but  the  statement  of  such  sale, 
and  the  record  thereof,  shall  vest  the  title  in  the  state,  for 
the  use  of  the  proper  fund.  (R.  S.  1908,  §6284.) 

[1899,  p-.  55.    Approved  February  17,  1899.] 

433,  Conveyance  to  county.     1.     In  cases  where  lands 
have  been  mortgaged  to  the  common  school  fund  or  con- 
gressional school  fund,  and  there  is  a  default  in  the  pay- 
ment of  the  interest,  or  the  interest  and  principal,  and  the 
auditor  is  unable  to  sell  such  lands  for  a  sum  sufficient  to 
pay  such  loan,  as  provided  by  law,  and  the  county  shall  pay 
the  same  to  said  school  fund,  the  board  of  commissioners 
may  in  regular  or  special  session,  if  it  is  for  the  best  in- 
terest of  the  county  in  the  reimbursement  of  its  general 
fund,  accept,  in  the  name  of  the  county,  a  conveyance  of 
said  land  from  the  owners  and  take  possession  thereof. 
(R.  S.  1908,  §6274.) 

434.  Suit  to  foreclose.     2.     That  in  cases  where  lands 
mortgaged  to  the  common  school  fund  or  congressional 
school  fund  have  been  offered  for  sale  and  bought  by  the 
auditor  on  account  of  the  fund,  and  has  been  reoffered  for 
sale  and  no  bid  received  sufficient  to  pay  the  principal,  in- 
terest, damages  and  costs  accrued  on  said  loan,  as  other- 
wise provided  by  law,  and  the  county  shall  pay  the  same  to 
said  school  fund,  the  lien  which  the  state  has  by  reason  of 
said  mortgage,  or  said  prior  bid  by  the  auditor  on  account 
of  the  fund,  shall  inure  to  the  benefit  of  said  county,  and  in 
such  case  the  auditor  may  proceed  to  collect  the  amount  due 
the  county,  by  suit  foreclosing  such  lien  and  recovering  a 
personal  judgment  against  the  makers  of  said  mortgage,  or 
by  either  form  of  action,  for  the  amount  due  the  county, 
and  he  may  also  in  same  suit  recover  the  possession  of  the 
mortgaged  premises  and  quiet  title  thereto,  and  all  liens 
and  rights  against  the  land  may  be  adjusted  as  in  other 
equitable  actions;  and  the  same  relief  may  also  be  given 
in  suits  to  foreclose  such  mortgages.    All  such  sales  shall 
be  ordered  without  relief  from  valuation  or  appraisement 
laws,  and  shall  be  absolute  and  the  purchaser  immediately 
entitled  to  a  conveyance.     (R,  S.  1908,  §6275.) 


266  SCHOOL    LAW    OF    INDIANA. 

435.  Purchase  by  county.    3.    The  board  of  commission- 
ers, when  the  county  in  either  case  has  paid  the  principal 
and  interest  due  such  school  fund  for  the  purpose  of  reim- 
bursing the  county,  if,  in  the  opinion  of  the  board,  it  shall 
be  to  the  best  interest  of  the  county,  may  cause  the  land, 
which  has  been  ordered  sold  in  such  decree  of  the  court,  to 
be  purchased  at  such  judicial  sale  in  the  name  of  the  county 
for  any  price,  or  any  maximum  price  it  may  fix,  not  in  any 
case  exceeding  the  full  amount  of  the  principal,  interest, 
cost  and  accrued  costs  due  on  such  decree  at  the  date  of 
such  sale.     The  officer  making  the  sale  shall  execute  a  deed 
to  the  county  for  such  real  estate.    (E.  S.  1908,  §6276.) 

436.  Lease  of  land  purchased.    4.    The  board  of  com- 
missioners may  lease  the  real  estate  acquired  under  this  act 
for  a  period  not  exceeding  one  year  at  a  time  upon  such 
terms  as  the  board  may  fix  until  the  same  shall  be  sold,  that 
said  lease  shall  be  in  writing,  approved  by  said  board  and 
spread  upon  its  record.    The  auditor  shall  be  authorized  to 
collect  such  rents,  and  if  in  kind  sell  the  same  in  the  mar- 
kets and  pay  the  proceeds  to  the  county  treasurer  as  a  part 
of  the  general  fund.    (E.  S.  1908,  §6277.) 

437.  Sale  of  land  —  Appraisement.     5.     The  board  of 
commissioners,  at  any  regular  or  special  session,  shall  order 
such  real  estate  to  be  sold  by  the  auditor  at  his  office  at  pub- 
lic or  private  sale,  such  order  shall  fix  the  terms  of  sale, 
which  may  be  in  cash,  or  by  installments  with  interest  and 
such  security  as  the  board  may  require,  such  credits  may  ex- 
tend through  a  period  of  not  longer  than  five  years.    Be- 
fore making  such  sale  the  auditor  shall  cause  the  land  to  be 
appraised  by  three  freeholders  of  the  county  acquainted 
with  the  land  and  who  shall  be  sworn  to  honestly  and  im- 
partially appraise  the  land  at  its  fair  cash  value,  which  oath 
shall  be  indorsed  on  the  appraisement.    The  auditor  shall 
advertise  such  sale,  giving  a  description  of  the  real  estate 
to  be  sold  and  the  terms  of  sale  as  ordered  by  the  board,  for 
at  least  thirty  days  in  some  newspaper  of  the  county  and 
by  posting  at  least  five  notices  in  the  township  where  the 


SCHOOL    LAW    OF    INDIANA.  267 

land  is  situated  and  one  at  the  court  house  of  the  county. 
Such  real  estate  shall  not  be  sold  for  less  than  the  appraised 
value.  •  The  board  may,  if  no  sale  is  made  within  reasonable 
time,  at  any  time  thereafter,  order  a  reappraisement  or 
change  the  terms  of  such  sale  by  giving  further  notice  in 
the  same  manner  as  hereinbefore  provided.  Proof  of  notice 
and  the  appraisement  must  be  filed  with  the  auditor.  When 
such  sale  shall  have  been  made  the  auditor  shall  report  the 
same  at  the  next  regular  session  of  the  board.  Objections 
may  be  filed  within  three  days  from  the  first  day  of  the  term 
at  which  such  sale  is  reported  by  any  taxpayer  or  person 
interested,  and  such  objections  shall  be  heard  and  deter- 
mined by  the  board.  A  resale  may  be  ordered,  when  all  ob- 
jections have  been  determined,  or  if  there  is  no  objection  to 
such  sale  the  board  of  commissioners  shall  approve  the  sale. 
If  the  sale  is  by  installments  the  purchaser  shall  be  entitled 
to  a  certificate  of  such  purchase  and  the  possession  of  the 
land.  Such  certificate  may  be  assigned  and  the  deferred 
payments  may  be  made  with  the  interest  accrued  thereon  be- 
fore maturity;  upon  final  payment  of  the  purchase  money 
the  board  of  commissioners  shall  execute  a  deed  to  said  pur- 
chaser or  his  assignee  for  such  real  estate.  The  money  de- 
rived from  such  sale  shall  be  paid  to  the  county  treasurer 
as  a  part  of  the  general  fund.  (R.  S.  1908,  §6278.) 

438.  Deeds,     (>.     The  auditor  shall  cause  the  deeds  ex- 
ecuted to  the  county  under  the  provisions  of  this  act  to  be 
recorded  in  the  recorder's  office  of  the  county.    '(R.  S.  1908, 

§6279.) 

439.  Sales  legalized.    7.    Any  sales  or  conveyances  made 
to  any  county  in  this  state  before  the  taking  effect  of  this 
act  are  hereby  legalized,  and  the  title  to  any  such  real  es- 
tate is  declared  to  be  fully  vested  in  such  county  by  such 
conveyance      ("R,  S.  1908,  §6280.) 

440.  Act  supplemental.     8.     This  act  shall  not  amend, 
modify  or  repeal  any  law  now  in  force  concerning  the  man- 
agement, loan  and  sale  of  real  estate  on  account  of  any 


268  SCHOOL    LAW    01s    INDIANA. 

school  fund,  but  it  shall  be  an  additional  provision  for  the 
collection  of  such  funds,  and  the  reimbursement  of  the 
counties  entrusted  therewith.  (R.  g.  1908,  §6281.) 

[1901,  p.  544.    Approved  March  11,  1901.] 

441.  Satisfaction  of  mortgages.    1.    Whereas,  there  are 
a  large  number  of  school  fund  mortgages,  which  appear 
unsatisfied  of  record  in  the  recorder's  office  in  the  various 
counties  of  the  state  of  Indiana,  which,  in  fact,  have  been 
paid,  the  auditor  of  any  county  in  the  state  of  Indiana, 
where  such  mortgaged  lands  are  situated,  when  requested 
by  the  mortgagor  or  owner  of  the  lands  so  mortgaged,  shall 
make  an  examination  of  the  ledgers  or  other  records  of  his 
office,  and  compare  such  records  with  the  receipts  of  mon- 
eys for  school  fund  mortgages,  in  the  treasurer's  office  of 
such  county,  and  if,  upon  such  examination  and  compari- 
son, and  all  facts  known  to  him,  or  that  come  to  his  knowl- 
edge, he  finds  that  such  mortgage  or  mortgages  appearing 
in  the  recorder's  office  of  such  county  as  unsatisfied  of  rec- 
ord, have,  in  fact  been  paid,  such  auditor  of  such  county, 
where  such  mortgaged  lands  are  situated,  shall  make  entry 
of  satisfaction  upon  the  margin  of  the  record  in  the  record- 
er's office,  showing  the  same  to  have  been  paid,  for  which 
services  the  mortgagor  or  owner  of  such  lands  shall  pay  to 
the  auditor  a  fee  of  twenty-five  cents,  and  also  pay  to  the 
recorder  his  fee  provided  for  releasing  mortgages.     (R.  S. 
1908,  §6268.) 

[1865,  p.  3.    Approved  March  6,  1865.1 

442.  Annual  report.    103.    County  auditors  and  county 
treasurers  shall  annually  report,  in  writing,  to  the  boards 
of  county  commissioners  of  the  respective  counties,  at  the 
June  sessions  of  said  boards  relative  to  the  school  fund 
held  in  trust  by  said  counties,  distinguishing  in  said  reports 
between  the  congressional  township  and  common    school 
funds;  indicating  the  amounts  thereof;  the  additions  to 
them  within  the  current  year  then  ending ;  the  sources  from 
whence  such  additions  are  derived;  the  condition  of  them 
as  to  their  safety,  giving  the  amount  thereof  safely  invest- 


SCHOOL    LAW    OF    INDIANA.  269 

ed,  unsafely  invested  and  uninvested,  and  loss  at  the  date 
of  said  reports;  giving  also  the  amount  of  interest  col- 
lected upon  said  funds  within  the  year  then  ending,  and 
the  amount  then  due  and  unpaid.  (R.  S.  1908,  §6285.) 

443.  Duty  of  boards.    104.    The  boards  of  county  com- 
missioners shall,  annually,  at  their  June  sessions,  in  the 
presence  of  the  auditors  and  treasurers,  examine  said  re- 
ports, the  accounts,  and  proceedings  of  said  officers  in  re- 
lation to  said  funds,  and  the  revenue  derived  from  them. 
They  shall  compare  with  said  reports,  the  cash,  the  notes, 
mortgages,  records,  and  books  of  said  officers,  with  a  view 
to  ascertain  the  amount  of  said  funds  and  their  safety ;  and 
to  do  whatever  may  be  necessary  to  secure  their  preserva- 
tion and  the  prompt  payment  of  the  annual  interest  there- 
on as  the  same  becomes  due;  and  make  up  to  said  fund 
losses  which  have  accrued  or  may  accrue.     (R.  S.  1908, 
§6286.) 

1.  SUIT.  An  action  may  be  brought  in  the  name  of  the  State  on  re- 
lation of  the  board  of  county  commissioners  to  recover  congressional 
school  funds. — Groves  v.  State,  9  Ind.  200 ;  Butler  Rogers  v.  Gibson,  15  Ind. 
218. 

444.  Board's  report.    105.    Each  board  of  county  com- 
missioners, at  said  session,  shall  make  out  a  report,  in  writ- 
ing, of  the  result  of  such  examination,  showing- 
First.     The  amounts  of  said  funds  at  the  close  of  last 

year. 

Second.  The  amount  added  from  the  sale  of  land  within 
the  year. 

Third.  The  number  of  acres  of  unsold  congressional 
township  school  lands,  and  the  approximate  value  thereof. 

Fourth.     The  amount  added  from  fines  and  forfeitures. 

Fifth.  The  amount  added  by  the  commissioners  of  the 
sinking  fund. 

Sixth.    The  amount  added  from  all  other  sources. 

Seventh.     The  total  amount  of  the  funds. 

Eighth.     The  amount  refunded  within  the  year. 

Ninth.      The  amount  reloaned  within  the  year. 


270  SCHOOL    LAW    Of     INDIANA. 

Tenth.     The  amount  safely  invested. 

Eleventh.     The  amount  unsafely  invested. 

Twelfth.    The  amount  uninvested. 

Thirteenth.     The  amount  of  fund  lost  since  1842.  • 

Fourteenth.  The  amount  of  interest  collected  within  the 
year. 

Fifteenth.     The  amount  of  interest  delinquent. 

And  in  such  report  said  board  shall  distinguish  between 
the  congressional  township  fund  and  the  common  school 
fund ;  and  in  its  account  of  the  interest  or  revenue  derived 
from  said  funds,  it  shall  observe  the  same  distinction.  ("R. 
S.  1908,  §6287.) 

445.  Disposition  of  report.    106.    Such  report  shall  be 
entered  on  the  records  of  said  board;  and  copies  thereof, 
signed  by  the  members  of  the  board,  the  auditor,  and  treas- 
urer, shall  be  transmitted  to  the  auditor  of  state  and  the 
superintendent  of  public  instruction.     (R.  S.  1008,  §6^88.) 

446.  Apportionment  of  loans.   152.  Where  the  whole  of 
the  school  funds  of  a  county  have  been  loaned  the  auditor 
shall  apportion  to  each  congressional  township  a  sufficient 
number  of  mortgages  to  cover  the  principal  of  its  congres- 
sional township  fund ;  and  where  a  part  of  the  school  funds 
only  are  loaned  the  auditor  shall  so  apply  a  proportional 
amount;  and  the  cash  on  hand,  when  loaned,  shall  be  for  the 
benefit  of  the  congressional  townships,  respectively,  to  the 
amount  of  the  entire  principal  of  its  congressional  town- 
ship fund;  and  in  all  loans  made  after  the  taking  effect 
of  this  act  the  note  and  mortgage  shall  specify  the  par- 
ticular fund  borrowed.     (R.  S.  1908,  §6289.) 

[1879,  p.  102.    Approved  March  29,  1879.1 

447.  Miscellaneous  school  fund  account.     1.     It  shall 
be  the  duty  of  the  auditor  in  each  county  to  open  an  account 
with  the  congressional  township  school  fund,  to  be  styled 
the  "miscellaneous  school  fund  account. "    He  shall  trans- 
fer to  said  account,  from  each  township  account,  all  sums 
on  hand  at  any  time  when  a  loan  is  solicited  (provided  the 


SCHOOL    LAW    OF    INDIANA. 


271 


aggregate  sums  will  equal  the  amount  sought  to  be  bor- 
rowed), and  may  lend  such  combined  sums  in  one  loan; 
which  loan  shall  be  numbered  in  consecutive  order,  and  the 
securities  shall  each  and  all  be  indorsed  with  the  number 
as  "Miscellaneous  Loan  No.  — ,"  as  the  number  may  be; 
and  he  shall  enter  in  the  miscellaneous  account,  on  the 
debit  side,  separately,  the  sums  taken  from  the  account  of 
the  several  townships,  so  as  to  show  the  corresponding 
number  of  the  loan,  and  credit  the  several  township  ac- 
counts with  the  same  sum  and  the  like  number  of  loan. 
Thence  on,  as  interest  accrues  and  is  paid  in  on  such  loan, 
he  shall  debit  the  several  township  accounts  with  the  pro 
rata  portion  of  such  interest  accruing  to  each;  and  when 
such  loan  is  paid  he  shall  distribute  back  to  the  township 
accounts  the  several  sums  originally  transferred  from  each 
and  debit  the  miscellaneous  account  accordingly,  and  bal- 
ance and  close  said  account  as  to  said  loan.  In  all  the 
entries  throughout  he  shall  keep  each  entry  identified  by 
the  proper  number  belonging  to  that  loan,  and  so  of  each 
combined  miscellaneous  loan,  as  contemplated  in  this  act. 
(R.  S.  1908,  §6290.) 

448.  Distribution  and  report.   2.   In  all  cases  where  dis- 
tribution is  made  of  the  school  funds  under  the  law  now  in 
force  it  shall  include  all  money  on  hand,  or  which,  accord- 
ing to  law,  should  be  on  hand,  not  exceeding  the  interest 
on  loans  for  one  year,  which  shall  be  distributed  in  full, 
and  no  portion  shall  be  omitted  or  retained;  and  the  report 
made  by  the  auditor  shall  show  fully  the  amount  actually 
on  hand,  as  required  and  contemplated  by  law,  and  show 
the  distribution  of  the  same  in  full.     (R.  S.  1908,  §6291.) 

449.  Penalty  against  auditor.   3.   If  any  auditor  fail  or 
refuse  to  distribute  and  report  such  fund  in  full,  as  required 
by  this  act,  he  shall  be  liable  to  an  action  on  his  official 
bond.    The  superintendent  of  public  instruction  shall  direct 
that  action  be  brought  upon  the  official  bond  of  such  de- 
faulting auditor,  and  the  prosecuting  attorney  of  the  proper 
county  shall  bring  such  action.     On  finding  against  such 


272 


SCHOOL    LAW    OF    INDIANA. 


auditor,  judgment  shall  be  entered  for  the  sum  so  omitted 
by  him  to  be  distributed,  with  damages  of  20  per  centum 
thereon,  which  shall  be  for  the  use  and  benefit  of  the  fund 
so  omitted  to  be  distributed.  (R.  S.  1908,  §6292.) 

[1905,  p.  25.    Approved  February  21, 1905.] 

450.  School  funds — Expense  in  making  loans,    1.    The 
county  commissioners  of  any  county  in  the  state  may,  at 
their  discretion,  at  any  regular  meeting  of  their  own  board, 
order  that  their  county  shall  bear  any  or  all  the  expense  of 
appraisers,  abstract  of  title    and    recording  mortgage  in 
making  any  or  all  loans  of  school  funds.     Thereafter,  so 
long  as  such  order  is  in  effect,  the  county  auditor  shall  meet 
the  expenses  covered  by  it  in  the  same  manner  that  he  does 
other  -expenses  incurred  by   the   county:    Provided,    That 
such  expense  shall  not  exceed  one  per  cent,  of  such  loan,  but 
such  expense  shall  not  be  paid  unless  loan  be  made.     (R.  S. 
1908,  §6257.) 

451.  Repeal  of  order.     2.     At  any  subsequent  regular 
meeting  of  said  board  the  commissioners  may,  at  their  dis- 
cretion, repeal  any  part  or  all  of  such  order  or  orders.     (R. 
S.  1908,  §6258.) 

452.  Appropriations — County  council.     3.     When  such 
orders  shall  exist  the  county  council  shall  take  them  into 
consideration  in  making  their  regular  appropriations.     (R. 
S.  1908,  §6259.) 

[1911,  p.  149.    Approved  March  2,  1911.] 

453.  Real  estate  sales  legalized.     1.     That  in  all  cases 
where  lands  have  been  mortgaged  to  the  state  of  Indiana 
for  the  use  of  either  the  common  school  fund  or  the  con- 
gressional township  school  fund  and  the  mortgage  fore- 
closed by  decree  of  any  court  of  competent  jurisdiction  and 
the  land  bid  in  by  the  county  auditor  on  account  of  the  fund 
for  the  use  of  which  such  mortgage  was  made ;  and  the  same 
lands  have  thereafter  been  sold  by  such  county  auditor  for 
a  sum  equal  to  or  greater  than  the  full  amount  of  principal, 


SCHOOL    LAW    OF    INDIANA.  273 

interest,  penalty  and  costs  then  due  under  such  mortgage, 
but  without  an  appraisement  of  said  lands  having  been 
made  as  required  by  law  and  entered  of  record  in  said  audi- 
tor's office;  and  such  purchase  price  has  been  paid  in  full 
and  such  sale  allowed  to  stand,  without  question  by  the 
state,  for  as  many  as  twenty  years  next  after  the  making 
thereof;  such  sale  shall  not  be  taken  or  held  to  be  invalid  for 
want  of  an  appraisement  of  such  lands  prior  to  the  sale 
thereof  as  aforesaid,  nor  for  failure  of  any  such  county 
auditor  to  cause  to  be  entered  in  his  office  a  record  of  the 
proceedings  in  such  matter  leading  up  to  the  execution  by 
him  of  the  deed  of  conveyance  for  such  lands,  nor  for  any 
other  irregularity  or  informality  in  the  manner  of  making 
such  sale;  but  every  such  sale,  so  made  by  any  county  audi- 
tor, shall  be  taken  and  held  to  be  valid,  and  is  hereby  legal- 
ized and  made  valid,  so  that  the  county  auditor's  deed  of 
conveyance  in  any  such  case,  duly  executed  and  entered  of 
record  in  the  records  kept  in  his  office,  shall  be  effective  to 
pass  title  to  the  lands  described  therein  to  the  grantee 
named  therein,  in  as  full  and  complete  manner  as  if  such 
sale  and  conveyance  had  been  made  in  strict  and  exact  con- 
formity to  the  laws  then  in  force  authorizing  such  sales  and 
prescribing  the  method  and  manner  of  making  the  same: 
Provided,  however,  That  nothing  contained  in  this  act  shall 
in  any  manner  affect  any  pending  litigation  or  the  title  to 
any  lands  involved  in  any  past  litigation  growing  out  of 
any  such  sale  thereof  by  any  county  auditor. 


[18—272771 


274 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XVII. 

SCHOOL  INDEBTEDNESS— BONDS  AND  NOTES. 


SEC. 

454.  Bonds  for  school  buildings. 

455.  Use  of  proceeds. 

456.  Special  tax. 

457.  Condition  before  building. 

458.  Surplus  special  school  revenue. 

459.  Funding  or  refunding  bonds. 

460.  Tax  levy. 

461.  Bonds  or  notes. 

462.  Tax  to  pay  bonds  or  notes. 

463.  Trustees  give  bond. 

464.  Additional  bond  issue. 

465.  Cities — Second  class — Bond  issue. 

466.  Bonds  in  series— Time. 

467.  Tax  for  bond  redemption. 

468.  Repeal. 

469.  Bond  issue— Towns  or  cities  of  1 ,000  to  5,000. 


SEC. 

470.  Sale — Bond  for  proper  use  of  funds. 

471.  Special  tax. 

472.  Surplus  special  school  revenue. 

473 .  Towns  not  over  2,000— Funds  for  buildings- 

Bonds. 

474.  Refunding  bonds. 

475.  Trustees'  bonds. 

476.  Sale  of  property. 

477.  Special  tax. 

478.  Surplus  special  revenue. 

479.  Towns  not  over  1,000— Bonds— Tax. 

480.  How  construed. 

481.  Township  business— Indebtedness— Issue  of 

bonds. 

482.  Duties  of  Advisory  Board. 


[1873,  p.  60.    ApprovedlMarch  11,  1873.] 

454.  Bonds  for  school  buildings.  1.  Any  city  or  incor- 
porated town  in  this  state  which  shall,  by  the  action  of  its 
school  trustees  have  purchased  any  ground  and  building  or 
buildings;  or  may  hereafter  purchase  any  ground  and 
building  or  buildings;  or  has  commenced,  or  may  here- 
after commence,  the  erection  of  any  building  or  build- 
ings for  school  purposes;  or  which  shall  have,  by  its 
school  trustees,  contracted  any  debts  for  the  erection  of 
such  building  or  buildings,  or  the  purchase  of  such  ground 
and  building  or  buildings;  or  such  trustee  shall  not  have 
the  necessary  means  with  which  to  complete  such  building 
or  buildings,  or  to  pay  for  the  purchase  of  such  ground 
and  building  or  buildings,  or  pay  such  debt,  may,  on  the 
filing  by  the  school  trustees  of  said  city  or  town  of  a  report, 
under  oath,  with  the  common  council  of  such  city,  or  the 
board  of  trustees  of  such  town,  showing  the  estimated  or 
actual  cost  of  any  such  ground  and  building  or  buildings, 
or  the  amount  required  to  complete  such  building  or  build- 
ings, or  purchase  such  ground  and  building  or  buildings,  or 
the  amount  of  such  debt,  on  the  passage  of  an  ordinance 


SCHOOL    LAW    OF    INDIANA.  275 

authorizing  the  same  by  the  common  council  of  said  city 
or  the  board  of  trustees  of  such  town,  issue  the  bonds  of 
such  city  or  town  to  an  amount  not  exceeding  in  the  ag- 
gregate fifty  thousand  dollars,  in  denominations  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars  and 
payable  at  any  place  that  may  be  designated  in  the  bonds 
(the  principal  in  not  less  than  one  year  nor  more  than  twen- 
ty years  after  the  date  of  such  bonds,  and  the  interest  an- 
nually or  semi-annually,  as  may  be  therein  provided)  to 
provide  the  means  with  which  to  complete  such  building  or 
buildings,  and  to  pay  for  the  purchase  of  such  ground  and 
building  or  buildings,  and  to  pay  such  debt.  Such  common 
council  or  board  of  trustees  may,  from  time  to  time,  nego- 
tiate and  sell  as  many  of  such  bonds  as  may  be  necessary 
for  such  purpose,  in  any  place  and  for  the  best  price  that 
can  be  obtained  therefor  in  cash:  Provided,  That  such 
bonds  shall  not  be  sold  at  a  price  less  than  ninety-four  cents 
on  the  dollar.  (R.  S.  1908,  §6560.) 

1.  CONTRACT  FOR  GROUND.  Under  this  section  the  bonds  may  be  issued 
although  the  trustee  has  only  contracted  for  the  grounds  or  buildings. — 
Williams  v.  Town  of  Albion,  58  Ind.  329. 

455.  Use  of  proceeds.    2.    The  proceeds  of  the  sales  of 
such  bonds  shall  be  paid  to  the  said  school  trustees,  to  en- 
able them  to  erect  or  complete  such  building  or  buildings 
and  pay  such  debt.     But  before  payment  to  them,  such 
school  trustees  shall  file  with  the  county  auditor  a  bond, 
payable  to  the  state  of  Indiana,  in  a  sum  not  less  than  the 
full  amount  of  the  said  money  so  to  be  paid  to  them,  and 
with  security  to  be  approved  by  said  auditor,  conditioned 
for  the  faithful  and  honest  application  of  such  money  to  the 
purpose  for  which  the  same  was  provided;  and  such  trus- 
tees, and  their  surety  or  sureties,  shall  be  liable  to  suit  on 
such  bond  for  any  waste,  misapplication,  or  loss  of  such 
money  in  the  same  mariner  as  now  provided  for  waste  or 
loss  of  school  revenue.     (R.  S.  1908,  §6561.) 

[1875,  p.  29.    Approved  March  1 1,  1875.] 

456.  Special  tax.    3.    In  addition  to  levying  the  tax  by 
cities  or  incorporated  towns  for  general  purposes,  now  au- 


276 


SCHOOL    LAW    OF    INDIANA. 


thorized  by  law,  the  common  council  of  any  such  cities,  and 
boards  of  trustees  of  any  such  incorporated  towns  as  shall 
avail  themselves  of  the  provisions  of  this  act,  are  hereby 
authorized  and  required  to  levy,  annually,  a  special  addi- 
tional tax,  at  the  same  time  and  in  the  same  manner  as 
other  taxes  of  such  city  or  town  are  levied,  sufficient  to  pay 
the  interest  and  principal  of  said  bonds  falling  due;  which 
additional  special  tax  shall  be  assessed  and  collected  as  the 
taxes  for  state  and  county  revenue  are  assessed  and  col- 
lected. The  treasurer  of  said  city  or  town  shall  keep  ac- 
curate account  of  the  revenue  arising  from  said  special  tax, 
and  shall  in  his  reports,  when  required  by  the  city  or  town 
authorities,  show  the  amount  thereof  received,  the  amount 
disbursed,  and  the  amount  thereof,  if  any,  remaining  delin- 
quent. He  shall  pay  out  the  same  only  by  the  authority  of 
the  common  council  of  said  city  or  board  of  trustees  of  such 
town;  and  shall  permit  the  same  to  be  applied  to  no  other 
purpose  than  the  payment  of  the  principal  and  interest  of 
such  bonds;  and  official  bonds  of  city  and  town  treasurers 
shall  be  construed  to  cover  and  include  revenue  arising  from 
this  source.  Persons  residing  outside  of  any  such  city  or 
town,  and  electing  to  be  transferred  to  such  town  or  city  for 
educational  purposes,  or  who  shall  send  their  children  to 
the  school  taught  in  any  such  building,  shall,  with  their 
property,  be  liable  to  such  tax,  as  if  they  resided  in  such 
city  or  town,  on  all  property  owned  by  said  person  in  the 
township  where  such  city  or  town  is  located:  Provided,  al- 
ways, That  nothing  in  this  act  shall  be  construed  to  prevent 
the  school  trustees  of  such  town  or  city  from  admitting  pu- 
pils into  such  schools  from  outside  such  city  or  town,  in 
their  discretion,  upon  the  payment  of  tuition  therefor,  and 
without  subjecting  the  property  of  their  parents  to  such 
taxation,  when  such  schools  are  not  crowded  and  their  ad- 
mission shall,  in  no  way,  interfere  with  the  progress  of  the 
children  within  such  city  or  town:  Provided,  further,  That 
the  additional  special  tax,  hereby  authorized,  shall  not,  in 
any  one  year,  exceed  fifty  cents  on  any  one  hundred  dollars 
of  taxable  property  and  one  dollar  on  each  poll.  (R.  S. 
1908,  §6562.) 


SCHOOL    LAW    OF    INDIANA.  277 

1.  LEVY  OBLIGATORY.  It  is  the  duty  of  trustees  to  levy  annually  a 
special  additional  tax  sufficient  to  pay  the  interest  and  principal  of  bonds 
issued  for  school  buildings  and  falling  due;  arid  where  it  appears  that  they 
have  failed,  neglected  and  refused  to  discharge  their  statutory  duty,  a  writ 
of  mandate  is  the  proper  legal  remedy. — Gardner  v.  Haney,  86  Ind.  17. 

[1879,  p.  76.    Approved  and  in  force  March  20,  1879.] 

457.  Condition  before  building.     1.     Before  the  school 
trustees  of  any  incorporated  town  or  city  in  this  state  shall 
purcha.se  any  ground  for  school  purposes,  or  enter  into  any 
contract  for  the  building  of  any  school  building  or  build- 
ings, they  shall  file  a  statement  with  the  trustees  of  such  in- 
corporated town,  or  common  council  of  such  city,  showing 
the  necessity  for  such  purchase  of  ground,  or  the  erection 
of  such  building  or  buildings,  together  with  an  estimate  of 
the  cost  of  such  ground  or  building  or  buildings,  and  the 
amount  of  means  necessary  to  be  provided  to  pay  for  such 
ground  or  building  or  buildings.    And  they  shall  not  pur- 
chase any  ground  or  enter  into  any  contract  for  the  build- 
ing of  any  school  building  or  buildings,  until  such  action 
be  approved  by  the  trustees  of  such  incorporated  town,  or 
by  the  common  council  of  such  city:    Provided,  however, 
That  there  shall  be  nothing  in  this  act  so  construed  as  to 
affect  any  purchase  of  grounds,  or  contract  made  for  the 
erection  of  any  building  or  buildings  for  school  purposes, 
prior  to  the  taking  effect  of  this  act.    (E,  S'.  1908,  §6563.) 

[1879,  p.  95.    Approved  March  31,  1879.) 

458.  Surplus  special  school  revenue.    1.    It  shall  be  the 
duty  of  the  board  of  school  trustees  of  any  city  or  incorpo- 
rated town  in  this  state  to  pay  over  to  the  common  council 
or  board  of  school  trustees  of  such  city  or  town  any  surplus 
special  school  revenue  in  the  hands  of  such  school  trustees, 
not  necessary  to  meet  current  expenses;  such  excess  of  the 
revenue  aforesaid  to  be  applied  for  the  payment  of  the  in- 
terest or  principal,  or  both,  of  any  indebtedness  incurred 
under  the  provisions  of  the  act  of  March  8, 1873,  authorizing 
cities  and  incorporated  towns  to  negotiate  and  sell  bonds  to 
procure  means   to   erect   and   complete   unfinished  school 
buildings,  and  to  purchase  any  ground  and  building  for 


278  SCHOOL    LAW    OF    INDIANA. 

school  purposes,  and  to  pay  debts  contracted  for  the  erec- 
tion and  purchase  of  buildings  and  grounds.  (R.  S.  1908, 
§6564.) 

[1907,  p.  569.    Approved  March  12,  1907.] 

459.  Funding  or  refunding  bonds.  1.  In  all  cities  of 
the  state  of  Indiana,  which  are  incorporated  under  the  gen- 
eral laws  of  the  state,  and  in  all  incorporated  towns  of  this 
state,  when  the  school  city  or  school  town  of  any  such  city 
or  incorporated  town  is  indebted  at  the  time  of  the  passage 
of  this  act,  which  indebtedness  is  evidenced  by  bonds,  notes 
or  other  obligations  heretofore  issued  or  negotiated  by  any 
such  school  city  or  school  town,  for  the  purpose  of  funding 
or  refunding  such  indebtedness  or  any  part  thereof,  re- 
ducing the  rate  of  interest  thereon,  extending  the  time  of 
payment  thereof,  and  canceling  so  much  thereof  as  may  be 
due  or  which  shall  become  due,  the  board  of  school  trustees 
of  any  school  city  or  school  town,  in  such  cities  or  incorpo- 
rated towns,  are  hereby  authorized  to  issue  the  bonds  of 
such  school  city  or  school  town,  with  interest  coupons  at- 
tached, for  an  amount  not  exceeding  in  the  aggregate  the 
whole  amount  of  the  indebtedness  of  such  school  city  or 
school  town,  which  bonds  may  be  in  any  denomination  not 
less  than  fifty  ($50.00)  dollars  nor  more  than  one  thousand 
($1,000.00)  dollars  and  shall  be  payable  at  any  place  named 
therein  and  at  a  time  not  later  than  twenty-five  years  from 
the  date  thereof,  and  shall  bear  any  rate  of  interest  not  ex- 
ceeding four  per  cent,  per  annum,  payable  annually  or  semi- 
annually,  and  such  board  of  school  trustees  of  any  such 
school  city  or  school  town  may  negotiate  such  bonds  at  any 
market  or  place  at  not  less  than  par.  In  the  event  any  city 
or  incorporated  town  in  this  state  prior  to  the  taking  effect 
of  this  act,  shall  have  issued  its  bonds,  notes,  or  other  obli- 
gations for  the  purpose  of  procuring  funds  with  which  to 
buy  school  grounds  or  erecting  school  buildings,  or  repair- 
ing such  school  buildings,  and  the  proceeds  derived  by  rea- 
son of  the  sale  of  such  bonds  have-  been  used  by  the  school 
cities  or  school  towns  of  any  such  city  or  incorporated  town 
for  tho  purpose  of  buying  grounds  for  school  purposes,  or 


SCHOOL    LAW    OF    INDIANA.  279 

erecting  buildings  or  making  improvements  to  school  build- 
ings, then  it  shall  be  lawful  for  the  board  of  school  trustees 
of  any  such  school  city  or  school  town  in  such  cities  or  in- 
corporated towns  and  they  are  hereby  authorized  to  issue 
and  negotiate  the  bonds  of  such  school  city  or  school  town 
for  the  purpose  of  funding  or  refunding  such  indebtedness 
or  any  part  thereof  for  the  same  purposes  a»d  in  the  same 
manner  and  on  like  terms  and  conditions  as  provided  for 
in  this  section  in  other  cases :  Provided,  That  this  act  shall 
not  be  construed  as  authorizing  and  empowering  trustees 
of  such  school  cities  or  school  towns  to  issue  funding  or  re- 
funding bonds  for  any  indebtedness  than  may  be  created 
after  the  taking  effect  of  this  act,  except  as  herein  provided. 
(K,  S.  1908,  §6576,  as  amended,  1909,  p.  167.) 

460.  Tax  levy.    2.    For  the  purpose  of  paying  bonds  is- 
sued as  provided  in   the  foregoing  section,  the  board  of 
school  trustees  of  any  such  school  city  or  school  town  shall 
add  to  the  tax  duplicates  thereof,  annually,  a  levy  sufficient 
to  pay  all  yearly  interest  on  said  bonds  and  may  provide  a 
sinking  fund  for  the  liquidation  of  the  principal  thereof 
when  it  shall  become  due,  which  sinking  fund,  together  with 
the  interest,  increase  or  profit  thereon,  shall  be  applied  to 
the  payment  of  said  bonds  and  to  no  other  purpose.    (E.  S. 
1908,  §6577.) 

[1903,'  p.  350.    Approved. March  9, 1903.] 

461.  Bends  or  notes.    1.    In  all  cities,  except  cities  of  the 
first  and  second  class,  of  the  State  of  Indiana  which  are  in- 
corporated under  the  general  laws  of  the  state,  and  in  incor- 
porated towns  of  this  state,  the  boards  of  school  trustees  in 
such  city  or  incorporated  towns  are  hereby  authorized  and 
empowered  to  borrow  money  and  to  issue  the  bonds  or  notes 
of  such  school  city  or  school  town,  such  bonds  or  notes  to 
bear  interest  at  a  rale  not  exceeding  five  per  centum  per 
annum,  and  payable  at  such  times  within  ten  years  from 
date  as  such  school  board  may  determine.    The  money  ob- 
tained as  a  loan  on  such  bonds  or  notes  shall  be  disbursed 
by  order  of  such  board  in  payment  of  expenses  incurred  in 


280  SCHOOL    LAW    OF    INDIANA. 

buying  grounds,  building  school  houses  or  in  making  re- 
pairs on  school  buildings  heretofore  erected  for  such  school 
city  or  town,  and  for  no  other  use  or  purpose  whatsoever. 
Before  any  such  debt  is  incurred,  such  school  officers  shall 
give  notice  by  publication  for  three  consecutive  weeks  in 
some  newspaper  published  in  such  city  or  town,  and  if  none 
be  so  published,  then  in  some  newspaper  of  general  circula- 
tion in  such  city  or  town,  or  by  posting  such  notice  in  five 
public  places  in  such  city  or  town  for  three  weeks,  which 
notices  shall  state  the  aggregate  debt  proposed  to  be  in- 
curred, the  location  of  real  estate,  if  it  be  proposed  to  buy 
real  estate;  the  character  and  size  of  the  building  to  be 
erected,  and  the  nature  of  the  improvement  proposed :  Pro- 
vided, That  no  board  of  trustees  shall  create  any  indebted- 
ness including  all  outstanding  indebtedness  exceeding  two 
per  centum  of  the  taxable  property  of  such  city  or  town,  as 
ascertained  by  the  last  assessment  for  state  and  county 
taxes  previous  to  the  incurring  of  the  said  indebtedness: 
And  Provided,  further,  That  said  bonds  or  notes  shall  not 
be  sold  at  a  less  rate  than  one  hundred  cents  on  the  dollar. 
(B.  S.  1908,  §6572,  as  amended,  1909,  p.  100.) 

462.  Tax  to  pay  bonds  and  notes.    2.    For  the  purpose 
of  paying  said  bonds  or  notes  issued  as  provided  in  the  fore- 
going section,  said  school  trustees  are  hereby  empowered 
to  levy  annually  a  tax  not  to  exceed  twenty-five  cents  in  any 
one  year  on  each  one  hundred  dollars  'of  the  taxable  prop- 
erty of  such  city  of  town  as  ascertained  by  the  proper  as- 
sessing officers,  and  one  dollar  on  each  taxable  poll:    Pro- 
vided, That  the  revenue  derived  from  such  levy  shall  be 
used  only  in  payment  of  the  principal  and  interest  of  said 
notes  or  bonded  indebtedness.    Any  surplus  remaining  after 
the  payment  of  said  indebtedness  shall  be  covered  into  the 
special  school  revenues  of  such  school  city  or  town.     (B.  S. 
1908,  §6573.) 

463.  Trustees   give   bond.      3.     Before    any   board    of 
school  trustees  shall  sell  or  negotiate  any  of  the  notes  or 
bonds  herein  provided  for,  such  board  of  trustees  shall  file 


SCHOOL    LAW    OF    INl5lANA.  281 

with  the  county  auditor  in  which  such  city  or  town  is  sit- 
uate, a  bond  payable  to  the  state  of  Indiana,  in  a  sum  not 
less  than  the  face  value  of  such  notes  and  bonds  so  to  be 
sold,  with  security  to  be  approved  by  the  auditor,  condi- 
tioned for  the  faithful  and  honest  application  of  all  such 
moneys  to  the  purposes  specified  in  this  act.  (R.  S.  1908, 
§6574.) 

464.  Additional  bond  issue.     1.     After  bonds  or  notes 
shall  have  been  issued  under  this  act  any  board  of  trustees 
of  any  school  city  or  town  in  this  state  is  hereby  author- 
ized and  empowered  to  borrow  money  and  issue  its  bonds 
or  notes  in  any  additional  sum,  not  exceeding,  including  all 
issues  outstanding,  two  per  centum  of  the  taxable  property 
of  such  city  or  town,  for  like  purposes  as  provided  in  sec- 
tion 1  of  this  act.    This  act  shall  not  be  construed  to  repeal 
any  law  of  this  state  which  authorizes  school  trustees  of 
such  cities  or  incorporated  towns  to  levy  taxes  for  school 
puiposes  and  all  parts  of  the  general  laws  of  this  state  not 
inconsistent  herewith  and  which  may  be  applicable  to  the 
general  system  of  common  schools  in  such  cities  or  towns 
shall  be  in  full  force  and  effect.     (B.  8.  1908,  §6575,  as 
amended,  1909,  p.  100.) 

[1907,  p,  164.    Approved  March  5,  1907.] 

465.  Cities — Second   class— Issue   of  bonds.     1.     The 

board  of  trustees  of  the  school  corporation  in  any  city  of 
the  second  class  in  this  state  is  hereby  authorized  and  em- 
powered to  issue,  negotiate  and  sell  the  negotiable  bonds  of 
such  school  city  or  corporation  in  such  sums  and  denomina- 
tions as  such  board  may  deem  advisable  for  school  uses  and 
purposes,  including  the  purchase  of  real  estate,  the  repair 
and  erection  of  buildings  and  their  equipment  for  school 
purposes,  including  the  cost  of  lighting,  heating  and  sani- 
tation and  the  payment  of  any  existing  indebtedness  for  any 
of  the  purposes  aforesaid.  Such  bonds  shall  be  known  as 
"school  improvement  bonds"  and  payable  at  such  places 
and  at  such  times  as  such  board  may  determine  and  as  may 
be  stated  in  the  bonds  and  shall  bear  interest  not  to  exceed 
four  (4)  per  centum  per  annum,  payable  annually  or  semi- 


282  SCHOQJL    LAW    OF    INDIANA. 

annually,  for  which  interest  coupons  may  be  attached  to 
said  bonds,  and  may  be  negotiated  and  delivered  at  any 
market  place  at  not  less  than  their  par  value.  Such  bonds 
may  be  issued  from  time  to  time  as  the  needs  of  such  school 
city  or  corporation  shall  require:  Provided,  however,  That 
the  aggregate  amount  of  all  such  bonds  of  such  school  city 
or  corporation,  including  all  prior  issues  outstanding  at  any 
one  time,  shall  not  exceed  two  (2)  per  centum  on  the  value 
of  the  taxable  property  within  such  city  or  corporation  as 
ascertained  by  the  last  assessment  for  state  and  county 
taxes  previous  to  the  incurring  of  such  indebtedness.  No 
bonds  shall  be  issued  until  the  money  therefor  is  paid  to 
the  treasurer  of  such  board  and  interest  thereon  shall  begin 
to  accrue  at  the  time  of  delivery  thereof.  Preparatory  to 
offering  such  bonds  for  sale,  the  board  of  school  trustees 
shall  give  notice  for  not  less  than  three  (3)  weeks,  of  the 
date  fixed  for  the  sale  of  such  bonds,  together  with  a  de- 
scription of  such  bonds,  and  of  such  offer,  and  invite  bids 
therefor.  Such  notice  shall  be  given  by  advertisements 
once  each  week  in  at  least  one  newspaper  published  in  such 
school  city  or  corporation,  the  last  of  which  publications 
shall  be  made  at  least  one  week  before  the  date  fixed  for  the 
sale  of  such  bonds,  and  by  such  other  notice  or  advertise- 
ment as  the  board  may  make.  Said  board  shall  sell  such 
bonds  to  the  highest  or  best  bidder,  but  shall  have  the  right 
to  reject  any  and  all  bids.  (E.  S.  1908,  §6505,  as  amended, 
L.  1909,  p.  124.) 

466.  Bonds  in  series — Time.  2.  The  full  time  for  which 
such  "school  improvement  bonds "  shall  run  shall  be  twenty 
(20)  years  from  the  date  of  issuance  thereof,  but  said  bonds 
may  be  issued  in  a  series  so  that  such  portion  thereof  as  the 
board  of  trustees  may  determine  may  be  made  to  mature  at 
the  end  of  any  year  within  said  period,  or  said  bonds  may 
be  issued  so  that  one-twentieth  (1-20)  thereof  shall  fall  due 
at  the  end  of  each  year,  and  the  portion  so  falling  due,  to- 
gether with  the  interest  thereon,  shall  when  due  be  paid 
and  canceled.  (E.  S.  1908,  §6506,  as  amended,  L.  1909, 
p.  124.) 


SCHOOL    LAW    OF    INDIANA.  283 

467.  Tax  for  bond  redemption.    3.    The  board  of  school 
trustees  shall  have  the  power  to,  and  shall  levy  a  special  tax 
in  addition  to  other  taxes  authorized  by  law  to  be  levied, 
sufficient  to  pay  the  principal  and  interest  on  such  bonds  as 
and  when  they  become  due  and  to  create  a  sinking  fund  for 
the  payment  when  due:    Provided,  however,  That  the  total 
tax  levy  for  the  payment  of  the  principal,  interest  and  sink- 
ing fund  of  all  outstanding  bonds  of  any  such  city  shall  not 
exceed  the  sum  of  eighteen  cents  on  each  hundred  dollars' 
worth  of  taxable  property  and  one  dollar  ($1.00)  on  each 
poll  in  such  city  in  any  one  year,  but  this  act  shall  not  be 
construed  to  repeal  any  law  of  this  state  which  authorizes 
boards  of  school  trustees  to  levy  taxes  for  school  purposes. 
(B,  S.  1908,  §6507,  as  amended,  L.  1909,  p.  124.) 

468.  Repeal.    4.    All  laws  and  parts  of  laws  in  conflict 
herewith  are  hereby  repealed;  but  this  law  shall  not  affect 
any  bonds  heretofore  issued  under  any  law  in  force  at  the 
time  they  were  issued,  nor  shall  it  affect  any  law  applying 
to  any  cities  or  corporations  than  those  of  cities  of  the  sec- 
ond class. 

[1907,  p.  655.    Approved  March  12,  1907.] 

469.  Bond  issue— Towns  or  cities   of  1,000-5,000.     1. 

The  board  of  school  trustees  of  any  incorporated  town 
or  city  having  a  population  of  less  than  five  thousand 
(5,000)  and  more  than  one  thousand  (1,000)  as  shown  by 
the  last  preceding  United  States  census,  which  shall  have 
purchased  ground  for  the  erection  of  any  building  or  build- 
ings for  school  purposes,  or  which  shall  have  contracted 
any  debts  for  the  erection  or  repair  of  such  building  or 
buildings,  and  which  shall  not  have  the  necessary  means 
with  which  to  erect  such  building  or  buildings  or  to  pay 
such  debt,  may,  on  the  filing  of  a  report  under  oath,  with 
the  board  of  trustees  of  the  incorporated  town  or  the  com- 
mon council  of  the  city  in  which  [such]  school  corporation 
is  located,  showing  the  actual  or  estimated  amount  required 
to 'erect  such  building  or  buildings,  or  the  amount  of  such 
debt,  on  the  passage  of  a  resolution,  approving  the  same  by 


284 


SCHOOL    LAW    OF    INDIANA. 


the  board  of  trustees  of  such  town  or  common  council  of 
such  city,  may  issue  the  bonds  of  such  school  town  to  an 
amount  not  exceeding  in  the  aggregate  forty  thousand 
($40,000)  dollars  in  denominations  not  exceeding  [not  less 
than]  one  hundred  ($100.00)  dollars  nor  more  than  one 
thousand  ($1,000.00)  dollars,  said  bonds  [bearing]  not  to 
exceed  five  per  cent,  interest,  and  payable  at  any  place  that 
may  be  designated  in  such  bonds  the  principal  in  not  less 
than  ten  years  nor  more  than  twenty-four  years  from  the 
date  of  such  bonds,  and  the  interest  annually  or  semi- 
annually,  as  may  be  herein  provided,  to  provide  means  to 
erect  such  building  or  buildings  or  to  pay  such  debt.  Such 
board  of  school  trustees  may  from  time  to  time  negotiate 
and  sell  as  many  of  such  bonds  as  may  be  necessary  for 
such  purpose  in  any  place  and  for  the  price  that  can  be 
obtained  therefor  in  cash:  Provided,  That  such  bonds  shall 
not  be  sold  for  less  than  their  par  value.  (B.  S.  1908,  §6556. 
as  amended,  1909,  p.  308.) 

470.  Sale — Bond  for  proper  use  of  funds.     2.     Before 
any  board  of  school  trustees  shall  sell  any  of  the  bonds 
provided  for  in  section  1  of  this  act  such  board  of  school 
trustees  shall  file  with  the  county  auditor  a  bond  payable 
to  the  state  of  Indiana  in  a  sum  not  less  than  the  face  value 
of  the  bonds  so  to  be  sold,  with  security  to  be  approved  by 
the  auditor,  conditioned  for  the  faithful  and  honest  applica- 
tion of  such  money  to  the  purpose  for  which  the  same  is 
provided,  and  such  board  of  school  trustees  and  their  sure- 
ties shall  be  liable  to  a  suit  on  such  bond  for  any  waste, 
misapplication  or  loss  of  such  money  as  is  now  provided 
for  waste  or  loss  of  school  revenue.    (E.  S.  1908,  §6557.) 

471.  Special  tax.    3.    In  addition  to  levying  the  special 
tax  for  special  school  revenue,  now  authorized  by  law,  the 
board  of  school  trustees  of  any  such  towns  or  cities  as  shall 
have  availed  themselves  of  the  provisions  of  this  act  are 
hereby  authorized  and  required  to  levy  annually  a  special 
additional  tax  at  the  same  time  and  in  the  same  manner  as 
other  school  taxes  of  such  towns  or  cities  are  levied,  suffi 


SCHOOL    LAW    OF    INDIANA.  285 

cient  to  pay  the  interest  and  principal  of  said  bonds  falling 
due,  which  additional  special  tax  shall  be  assessed  and  col- 
lected as  the  taxes  for  state  and  county  revenue  are  as- 
sessed and  collected.  The  treasurer  of  said  board  of  school 
trustees  shall  keep  an  accurate  account  of  the  revenue  aris- 
ing from  said  additional  special  tax  and  shall  permit  the 
same  to  be  applied  to  no  other  purpose  than  the  payment 
of  the  interest  and  principal  of  such  bonds,  and  at  the  end 
of  such  school  year  the  treasurer  of  such  board  of  school 
trustees  shall  file  with  the  board  of  trustees  of  the  incor- 
porated town  or  common  council  of  such  city  in  which  such 
school  corporation  is  located  his  sworn  report  as  to  such 
funds,  showing  the  amount  received  by  him,  the  amount  paid 
out,  when  the  same  was  paid,  to  whom  and  for  what  pur- 
pose it  was  paid,  and  the  amount  thereof,  if  any  remaining 
in  his  hands,  and  if  there  be  remaining  in  his  hands  an 
amount  equal  to  or  exceeding  one  cent  on  each  one  hundred 
dollars  of  taxable  property  of  such  town,  the  same  shall  be 
taken  into  account  in  making  the  levy  for  the  ensuing  year, 
and  the  official  bond  of  the  treasurer  of  such  board  of 
school  trustees  shall  be  construed  to  cover  and  include 
revenue  arising  from  this  source:  Provided,  That  the 
additional  special  tax  levy  hereby  authorized  shall  not  in 
any  one  year  exceed  fifty  cents  on  any  one  hundred  dollars 
of  taxable  property  and  one  dollar  on  each  poll.  (R.  S. 
1908,  §6558.) 

472.  Surplus  special  school  revenue.    4.    It  shall  be  the 
duty  of  the  boards  of  school  trustees  of  such  incorporated 
towns  or  cities  in  this  state  to  apply  any  surplus  special 
school  revenue  in  their  hands  not  necessary  to  meet  the  cur- 
rent expenses  for  the  payment  of  the  interest  or  principal 
or  both,  of  any  indebtedness  incurred  under  the  provisions 
of  this  act.     (R.  S.  1908,  §6559.) 

[1907,  p.  576.    Approved  March  12.  1907.] 

473.  Towns  not  over  2,000 — Funds  for  buildings — Bonds. 
1.    The  board  of  school  trustees  of  any  incorporated  town 
having  a  population  of  not  more  than  2,000,  according  to  the 


286 


SCHOOL    LAW    OF    INDIANA. 


last  preceding  United  States  census,  when  it  shall  be  found 
necessary  for  the  proper  accommodation  of  its  schools  to 
purchase  a  site  and  erect  buildings  thereon  for  school  pur- 
poses and  when  such  school  trustees  shall  not  have  sufficient 
funds*  of  such  school  town  for  such  purposes,  may  on  the 
filing  of  a  report  under  oath  with  the  board  of  trustees  of 
the  town  in  which  such  school  corporation  is  situated, 
showing  the  actual  or  estimated  amount  required  to  pay 
for  such  ground  and  buildings  and  on  passing  of  a  resolu- 
tion approving  the  same  by  said  board  of  trustees,  issue 
the  bonds  or  notes  of  such  school  town  to  an  amount  not 
exceeding  in  the  aggregate  $6,000  in  dienominations  of  not 
less  than  $100  payable  at  any  place  designated  by  such 
school  trustees,  the  principal  to  become  due  and  payable 
in  annual  installments  as  nearly  equal  as  possible  and  run- 
ning such  length  of  time  not  exceeding  15  years,  as  the 
board  of  school  trustees  deem  best,  from  the  date  of  such 
bonds  or  notes,  and  the  interest  annually  or  semi-annually, 
as  may  be  therein  provided,  not  to  exceed  six  per  cent,  per 
annum,  to  provide  means  with  which  to  purchase  such  site 
and  erect  such  school  buildings.  Such  board  of  school  trus- 
tees may,  from  time  to  time  negotiate  and  sell  as  many  of 
such  bonds  or  notes  as  may  be  necessary  for  such  purpose 
in  any  place  and  for  the  best  price  that  can  be  obtained 
therefor  in  cash :  Provided,  That  such  bonds  or  notes  shall 
not  be  sold  for  less  than  their  par  value.  Such  bonds  or 
notes  shall  be  the  debt  of  the  school  town  for  the  benefit 
of  which  they  are  issued,  and  such  school  town  shall  as- 
sume and  pay  and  be  solely  liable  for  the  payment  of  such 
bonds  or  notes.  (R.  S.  1908,  §6565.) 

474.  Refunding  bonds.  2.  In  all  cases  where  bonds  or 
notes  have  been  issued  for  the  purposes  stated  in  section 
1  of  this  act,  by  the  board  of  school  trustees  of  any  such 
town  in  this  state,  the  board  of  school  trustees  of  the  school 
town  located  in  such  town  are  hereby  authorized  and  em- 
powered to  refund  said  notes  or  bonds  by  issuing  in  lieu 
thereof  the  bonds  or  notes  of  such  school  town :  Provided, 
That  the  consent  of  the  board  of  trustees  of  such  town 


SCHOOL    LAW    OF    INDIANA. 


28; 


shall  be  first  given  thereto  by  resolution.  Such  refund- 
ing bonds  or  notes  shall  be  issued  and  sold  on  the  same 
terms  and  subject  to  the  same  restrictions  and  conditions 
as  herein  provided  for  the  original  issue  of  bonds  or  notes. 
(R.  S.  1908,  §6566.) 

475.  Trustees'  bond.     3.     Before  any  board  of  school 
trustees  shall  sell  any  of  the  bonds  or  notes  provided  for 
in  sections  1  and  2  of  this  act,  such  board  of  school  trus- 
tees shall  file  with  the  county  auditor  a  bond  payable  to 
the  state  of  Indiana  in  a  sum  not  less  than  the  face  value 
of  the  bonds  or  notes  so  to  be  sold,  with  security  to  be 
approved  by  the  auditor,  conditioned  for  the  faithful  and 
honest  application  of  such  money  to  the  purpose  for  which 
the  same  is  provided,  and  such  board  of  school  trustees  and 
their  sureties  shall  be  -liable  to  a  suit  on  such  bond  for  any 
waste,  misappropriation  or  loss  of  such  money,  as  is  now 

.provided  for  waste  or  loss  of  school  revenue.     (R.  S.  1908, 
§6567.) 

476.  Sale  of  property.    4.    Such  board  of  school  trustees 
may  sell  school  property  in  accordance  with  the  provision 
of  law,  and  apply  the  proceeds  of  such  sale  to  the  increase 
of  the  fund  provided  for  in  section  1  of  this  act,  and  such 
increase  shall  be  used  only  for  the  purpose  contemplated 
in  such  section  in  the  purchase  of  a  site  and  the  erection 
thereon  of  school  buildings.     Nothing  in  this  act  shall  be 
deemed  to  prevent  or  prohibit  the  funds  of  any  township 
in  which  any  such  town  is  situated  from  being  applied  in 
conjunction  with  the  funds  of  such  school  town  herebe- 
fore  provided  for  in  section  1  and  for  the  purpose  herein 
set  forth,  under  such  agreement  as  to  construction  and 
use  of  such  school  buildings  as  may  be  determined  upon 
by  such  school  authorities  of  the  town  and  township :    Pro- 
vided, That  any  building  so  constructed  shall  be  located 
within  the  limits  of  such  incorporated  town.     (R.  S.  1908, 
§6568.) 

477.  Special  tax.    5.    In  addition  to  levying  the  special 
tax  for  special  school  revenue  now  authorized  by  law,  the 


288  SCHOOL    LAW    OF    INDIANA. 

board  of  school  trustees  of  any  such  town  as  shall  have 
availed  themselves  of  the  provisions  of  this  act,  are  hereby 
authorized  to  levy  annually  a  special  additional  tax,  at  the 
same  time  and  in  the  same  manner  as  other  school  taxes  of 
such  towns  are  levied,  for  the  purpose  of  paying  the  inter- 
est on  said  bonds  or  notes  and  principal  falling  due,  which 
additional  special  tax  shall  be  assessed  and  collected  as  the 
taxes  for  state  and  county  revenue  are  assessed  and  col- 
lected, and  the  official  bond  of  the  treasurer  of  such  board 
of  school  trustees  shall  be  construed  to  cover  and  include 
revenue  arising  from  this  source :  Provided,  That  the  ad- 
ditional special  tax  hereby  authorized  shall  not  in  any  one 
year  exceed  fifty  cents  on  any  one  hundred  dollars  of  tax- 
able property  arid  one  dollar  on  each  taxable  poll.  (R.  S. 
1908,  §6569.) 

478.  Surplus  special  revenue.    6.    It  shall  be  the  duty 
of  the  board  of  school  trustees  of  such  towns  in  this  state 
to  apply  any  surplus  special  school  revenue  in  their  hands, 
not  necessary  to  meet  current  expenses,  for  the  payment 
of  the  interest  or  principal,  or  both,  of  any  indebtedness 
incurred  under  the  provisions  of  this  act.     (R.  S.   1908, 
§6570.) 

[1911,  p.  102.    Approved  March  1,  1911.] 

479.  Towns  not  over  1,000 — Bonds — Tax.    1.    In  all  in- 
corporated towns  of  the  Slate  of  Indiana,  having  a  popula- 
tion of  not  more  than  one  thousand  (1,000)  according  to 
last  preceding  United  States  census,  the  board  of  school 
trustees  of  such  school  towns  are  hereby  authorized  and 
empowered  to  borrow  money,  and  to  issue  the  bonds  of  such 
school  town  to  an  amount  not  exceeding  in  the  aggregate 
twenty-five  thousand  dollars,  such  bonds  to  bear  interest  at 
a  rate  not  exceeding  five  per  centum  per  annum,  and  pay- 
able at  such  time  within  twenty  years  from  the  date  of  issu- 
ing such  bonds,  as  such  school  boards  may  determine.    The 
money  obtained  as  a  loan  on  such  bonds  shall  be  disbursed 
by  order  of  such  board,  in  payment  of  expenses  incurred  in 
buying  grounds,  building  new  school  houses,  or  in  making 


SCHOOL    LAW    OF    INDIANA.  289 

repairs  on  school  buildings  heretofore  erected,  for  such 
school  town,  and  for  no  other  purpose  whatever.  Before 
such  debt  is  incurred  such  school  board  shall  give  notice 
by  publication  for  three  consecutive  weeks  in  some  news- 
paper published  in  such  town,  and  if  there  is  no  newspaper 
published  in  such  town,  then  in  some  newspaper  of  general 
circulation,  published  in  the  county  in  which  such  town  is 
located,  which  notice  shall  state  the  aggregate  debt  pro- 
posed to  be  incurred,  the  location  of  the  real  estate,  if  it  be 
proposed  to  buy  real  estate,  or  to  erect  a  new  school  build- 
ing, on  real  estate  belonging  to  such  town,  the  character 
and  size  of  the  building  to  be  erected,  and  the  nature  of 
the  improvement  proposed.  That  for  the  purpose  of  raising 
money  to  pay  such  bonds,  and  the  interest  thereon,  as  the 
same  shall  become  due,  such  school  board  may  levy  an  an- 
nual tax,  not  exceeding  two  per  centum  including  all  out- 
standing indebtedness  on  all  taxable  property  of  such  town 
as  ascertained  by  the  last  assessment  for  state  and  county 
taxes  previous  to  the  incurring  of  such  indebtedness:  Pro- 
vided, however,  That  such  bonds  shall  not  be  sold  at  a  less 
rate  than  one  hundred  cents  on  the  dollar. 

480.  How  construed.    2.    This  act  shall  not  be  construed 
to  repeal  any  law  of  this  state  which  authorizes  school  trus- 
tees of  such  incorporated  towns  to  levy  taxes  for  school  pur- 
poses and  all  parts  of  the  general  laws  of  this  state  not  in- 
consistent herewith,  and  which  may  be  applicable  to  the 
general  system  of  common  schools,  in  such  towns  shall  be 
in  full  force  and  effect:     Provided,  This  act  shall  not  au- 
thorize any  school  board  to  issue  bonds  for  the  payment  of 
the  cost  of  construction  of  any  school  house,  for  the  erection 
of  which  a  contract  shall  have  been  executed  prior  to  the 
passage  of  this  act. 

[1905,  p,  33.    Approved  February  23, 1905.) 

481.  Township  business — Indebtedness — Issue  of  bonds. 
1.     Any  township  in  this  state,  being  indebted  to  an  amount 
beyond  the  ability  of  the  current  taxes  to  meet,  and  which 

[19—27277] 


290  SCHOOL    LAW    OF    INDIANA. 

indebtedness  is  evidenced  by  bonds,  notes  or  other  obliga- 
tions heretofore  issued  or  negotiated  by  such  township, 
may  for  the  purpose  of  funding  or  refunding  such  indebted- 
ness or  any  part  thereof,  reducing  the  rate  of  interest 
thereon,  extending  the  time  of  payment  thereof  and  can- 
celing so  much  thereof  as  may  be  due,  or  which  shall  here- 
after become  due,  upon  the  vote  of  all  the  members  of  the 
advisory  board  of  such  township,  together  with  the  ap- 
proval of  the  township  trustee  of  such  township,  issue  its 
bonds,  with  interest  coupons  attached,  for  an  amount  not 
exceeding  in  the  aggregate  the  amount  of  such  indebtedness 
of  such  township,  which  bonds  may  be  of  any  denomina- 
tion not  less  than  fifty  dollars  and  not  more  than  one  thou- 
sand dollars,  and  shall  be  payable  at  any  place  named  there- 
in in  equal  annual  installments,  not  exceeding  in  all  the 
period  of  fifteen  years,  and  shall  bear  any  rate  of  interest 
not  exceeding  six  per  cent,  per  annum,  payable  semi-annu- 
ally,  evidenced  by  coupons  attached  to  such  bonds,  and  mav 
be  negotiated  at  not  less  than  par.  The  amount  of  such 
bonds  in  no  event  to  exceed  the  constitutional  limit  of  jn- 
debtedness.  (K.  S.  1908,  § .) 

482.  Duties  of  advisory  board.  2.  The  advisory  board 
of  such  township  shall  add  to  the  tax  duplicate  thereof 
annually  a  levy  sufficient  to  pay  the  yearly  interest  on  said 
bonds  and  provide  a  fund  for  the  liquidation  of  the  prin- 
cipal thereof  as  they  become  due,  and  it  shall  be  unlawful 
for  the  township  trustee  or  advisory  board  to  apply  the 
funds  arising  from  such  levy  to  any  other  purpose.  (R.  S. 
1908,  § .) 


SCHOOL    LAW    OF    INDIANA. 


291 


CHAPTER  XVIII. 

TEXT  BOOKS. 


SEC. 

483.  Duty  of  state  board. 

484.  Advertise  for  bids. 

485.  Contracts— Bids— Sale  price. 

486.  May  procure  manuscripts. 

487.  State  not  liable. 

488.  Governor's  proclamation. 

489.  Trustee's  duty. 

490.  Quarterly  reports. 

491.  Superintendent  to  enter  suit. 

492.  Superintendent's  special  bond. 

493.  Reports  to  contractors. 

494.  Sale  for  more  than  contract  price. 

495.  Embezzlement. 

496.  Appropriation— Laws  repealed. 

497.  Advertise  for  bids. 

498.  Trustees  to  make  requisitions  upon   first 

Monday  in  June. 

499.  Trustees  to  acknowledge  receipt  of  books. 

500.  Books  for  poor  or  indigent  children. 

501.  Reports  to  commissioners  and  county  su- 

perintendents. 

502.  Appropriation. 

503.  Suit  on  trustee's  bond. 

504.  County  superintendent's  special  bond. 

505.  Superintendent's  report  to  contractor. 

506.  Failure  to  report — Embezzlement. 

507.  Books  to  be  uniformly  used. 

508.  Duty  of  contractor. 

509.  Name  and  price  of  books  on  cover. 

510.  State  superintendent's  duty. 

511.  Act  supplemental. 


SEC. 

512.  Contractors  to  file  consent. 

513.  Sale  to  merchants  or  dealers — Trustee's  re- 

port. 

514.  Officers  to  supply  sufficient  books. 

515.  Duty  of  merchants  and  dealers. 

516.  County  Superintendent  to  make. 

517.  Officers  failing  to  report— Right  of  action. 

518.  Failure  to  report  at  expiration  of  term— Em- 

bezzlement. 

519.  Sale  for  more  than  contract  price. 

520.  Contractors  to  file  consent  for  revision  of 

books. 

521.  Author  to  revise — County  and  state  super- 

intendent to  scale  requisition. 

522.  Intermediate  grammar  or  language  lesson. 

523.  State  board  to  meet— Notice. 

524.  Frequency  of  revision. 

525 .  Standard  of  re  vision— Contractor '  s  bond . 

526.  Appropriation. 

527.  New  bond. 

528.  State  superintendent's  duty. 

529.  Act  supplemental. 

530.  Reading  primer. 

531.  Price. 

552.    Old  laws  applicable. 

533.  Use  in  cities  of  5,000. 

534.  Sale  of  school  books. 

535.  Proclamation  by  governor. 

536.  Existing  contracts. 

537.  Sale  of  school  books  in  counties  where  no 

depository  merchant  can  be  procured. 


[1889,  p.  74.    Approved  March  2, 1889.] 

483.  Duty  of  state  board.  1.  The  state  board  of  educa- 
tion shall  constitute  a  board  of  commissioners  for  the.  pur- 
pose of  making  a  selection,  or  procuring  the  compilation 
for  use  in  the  common  schools  of  the  State  of  Indiana,  of  a 
series  of  text-books  in  the  following  branches  of  study,  viz. : 
Spelling,  reading  including  primer,  arithmetic,  geography, 
English  grammar,  physiology,  history  of  the  United  States, 
and  a  graded  series  of  writing  books.  The  matter  contained 
in  the  readers  shall  consist  of  lessons  commencing  with  the 
simplest  expressions  of.  the  language,  and  by  a  regular 
gradation,  advancing  to  and  including  the  higher  styles  of 


292  SCHOOL    LAW    OF    INDIANA. 

composition,  both  in  poetry  and  prose:  Provided,  That 
none  of  said  text-books  shall  contain  anything  of  a  partisan 
or  sectarian  character:  And  provided  further,  That  the 
foregoing  books  shall  be  at  least  equal  in  size  and  quality, 
as  to  matter,  material,  style  of  binding  and  mechanical  exe- 
cution to  standard  text-books  now  in  general  use.  (R.  S. 
1908,  §6320,  as  amended,  1909,  p.  377.) 

484.  Advertise  for  bids.  2.  The  said  board  of  commis- 
sioners shall,  immediately  upon  the  taking  effect  of  this  act, 
advertise  for  twenty-one  consecutive  days  in  two  daily  pa- 
pers published  in  this  state,  having  the  largest  circulation, 
and  in  one  newspaper  of  general  circulation  in  the  cities 
of  New  York,  Philadelphia,  Cincinnati,  Chicago  and  St. 
Louis,  that  at  a  time  and  place  to  be  fixed  by  said  notice, 
and  not  later  than  six  months  after  the  first  publication 
thereof,  said  board  will  receive  sealed  proposals  on  the 
following: 

First.  From  publishers  of  school  text-books,  for  furnish- 
ing books  to  the  school  trustees  of  the  state  of  Indiana  for 
use  in  the  common  schools  of  this  state,  as  provided  in 
this  act,  for  a  term  of  five  years,  stating  specifically  in  such 
bid  the  price  at  which  each  book  will  be  furnished,  and  ac- 
companying such  bid  with  specimen  copies  of  each  and  all 
books  proposed  to  be  furnished  in  such  bid. 

Second.  From  authors  of  school  text-books,  who  have 
manuscripts  of  books  not  published,  for  prices  at  which 
they  will  sell  their  manuscript,  together  with  the  copyright 
of  such  books,  for  use  in  the  public  schools  of  the  state  of 
Indiana. 

Third.  From  persons  who  are  willing  to  undertake  the 
compilation  of  a  book  or  books,  or  a  series  of  books,  as 
provided  for  in  section  one  (1)  of  this  act,  the  prices  at 
which  they  are  willing  to  undertake  such  compilation  of 
any  or  all  of  such  books,  to  the  acceptance  and.  satisfaction 
of  the  said  board  of  commissioners:  Provided,  That  any 
and  all  bids  by  publishers,  herein  provided  for,  must  be  ac- 
companied by  a  bond  in  the  penal  sum  of  fifty  thousand  dol- 
lars, with  resident  freehold  surety,  to  the  acceptance  and 


SCHOOL    LAW    OF    INDIANA.  293 

satisfaction  of  the  governor  of  this  state,  conditioned  that 
if  any  contract  be  awarded  to  any  bidder  hereunder,  such 
bidder  will  enter  into  a  contract  to  perform  the  conditions 
of  his  bid  to  the  acceptance  and  satisfaction  of  said  board: 
And  provided  further,  That  no  bid  shall  be  considered  un- 
less the  same  be  accompanied  by  the  affidavit  of  the  bidder 
that  he  is  in  nowise,  directly  or  indirectly,  connected  with 
any  other  publisher  or  firm  who  is  now  bidding  for  books 
submitted  to  such  board,  nor  has  any  pecuniary  interest  in 
any  other  publisher  or  firm  bidding  at  the  same  time,  and 
that  he  is  not  a  party  to  any  compact,  syndicate  or  other 
scheme  whereby  the  benefits  of  competition'  are  denied  to 
the  people  of  this  state:  And  be  it  further  provided,  That  if 
any  competent  author  or  authors  shall  compile  any  one  or 
more  books  of  the  first  order  of  excellence,  and  shall  offer 
the  same  as  a  free  gift  to  the  people  of  this  state,  together 
with  the  copyright  of  the  same  and  the  right  to  manufac- 
ture and  sell  such  works  in  the  state  of  Indiana  for  use  in 
the  public  schools,  it  shall  be  the  duty  of  such  board  of  com- 
missioners to  pay  no  money  for  any  manuscript  or  copy- 
right for^such  book  or  Jbooks  on  the  subject  treated  of  in 
the  manuscript  so  donated;  and  such  board  shall  have  the 
right  to  reject  any  and  all  bids,  and  at  their  option  such 
board  shall  have  the  right  to  reject  any  bid  as  to  a  part  of 
such  books,  and  to  accept  the  same  as  to  the  residue  thereof. 
(R.  S.  1908,  §6325.) 

485.  Contract— Bids— Sale  price.  3.  It  shall  be  the 
duty  of  such  board  to  meet  at  the  time  and  place  mentioned 
in  such  notice,  and  open  and  examine  all  sealed  proposals 
received  pursuant  to  the  notice  provided  for  in  section  2  of 
this  act,  and  it  shall  be  the  further  duty  of  such  board  to 
make  a  full,  complete  and  thorough  investigation  of  all  such 
bids  or  proposals  and  to  ascertain  under  which  of  said  pro- 
posals or  propositions  the  school  books  could  be  furnished 
to  the  people  of  this  state  for  use  in  the  common  schools  at 
the  lowest  price,  taking  into  consideration  the  size  and 
quality  as  to  matter,  material,  style  of  binding  and  mechani- 
cal execution  of  such  books:  Provided,  always,  That  such 


294  SCHOOL    LAW    OF    INDIANA. 

board  shall  not  in  any  case  contract  with  any  author,  pub- 
lisher or  publishers,  for  the  furnishing  of  any  book,  manu- 
script, copyright  or  books  which  shall  be  sold  to  patrons  for 
use  in  the  public  schools  of  this  state  at  a  price  above  or  in 
excess  of  the  lowest  contract  selling  price  of  the  same  book 
or  books  at  any  place  in  the  United  States  [which]  prices 
shall  include  all  costs  and  charges  for  transportation  to  the 
railroad  or  river  station  nearest  to  the  several  depositories 
.in  this  state:  Provided,  That  the  total  cost  for  a  series  of 
the  books  enumerated  in  section  1  of  the  [this]  act  shall  not 
exceed  the  sum  of  six  dollars:  Provided,  That  when  any 
contractor  furnishing  books  to  be  used  in  the  public  schools 
of  Indiana  under  the  provisions  of  this  act  shall  contract  to 
sell  elsewhere  the  same  book  or  books  at  a  lower  price  than 
the  contract  price  in  Indiana,  then  the  said  contractor  shall 
make  the  said  lower  price  apply  to  all  future  sales  in  Indi- 
ana: Provided  further,  That  if  said  contractor  shall  refuse 
to  make  such  reduction  in  price  then  the  governor  of  the 
state  shall  investigate  and  if  he  shall  find  that  the  same 
book  is  sold  elsewhere  under  like  conditions  at  a  lower  price 
than  the  Indiana  contract  price,  Jie  shall  then  have  the 
power  and  it  shall  be  his  duty  to  order  the  contract  with 
Indiana  canceled  and  new  book[s]  advertised  for  as  hereto- 
fore provided:  Provided  further,  That  no  book  or  books  in 
which  any  member  of  the  board  may  have  any  financial  in- 
terest, either  directly  or  indirectly,  shall  be  adopted  by  said 
board:  Provided  further,  That  no  contract  under  the  pro- 
visions of  this  act  shall  be  made  for  a  period  exceeding  five 
years.  Nothing  in  this  act  shall  be  construed  as  affecting 
any  contracts  now  existing  relating  to  the  furnishing  of 
school  books  for  this  state:  And  provided  further,  That  the 
letting  of  all  contracts  for  books  shall  be  upon  full  and  fair 
competition  into  which  any  person,  persons,  or  corporation 
may  enter  and  may  bid  to  furnish  any  book  or  books 
whether  such  book  or  books  be  at  the  time  in  use  in  the 
schools  of  the  state  under  contract  or  not.  (E.  S.  1908, 
§6326,  as  amended,  1909,  p.  378.) 


SCHOOL    LAW    OF    INDIANA.  295 

486.  May  procure  manuscripts.    4.    If,  upon  the  exami- 
nation of  such  proposals,  it  shall  be  the  opinion  of  such 
board  of  commissioners  that  such  books  can  be  furnished 
cheaper  to  the  patrons  for  use  in  the  common  schools  in  the 
state,  by  procuring  and  causing  to  be  published  the  manu- 
script of  any  or  all  of  such  books,  it  shall  be  their  duty  to 
procure  such  manuscript  and  to  advertise  for  sealed  pro- 
posals for  publishing  the  same,  in  like  manner  as  hereinbe- 
fore provided  and  under  the  same  conditions  and  restric- 
tions.   And  such  contract  may  be  let  for  the  publication  of 
all  of  such  books,  or  for  any  one  or  more  of  such  books  sep- 
arately; and  it  shall  be  the  further  duty  of  such  board  of 
commissioners  to  provide  in  the  contract  for  the  publication 
of  any  such  manuscript  for  the  payment,  by  the  publisher, 
of  the  compensation  agreed  between  such  board  and  the 
author  or  owner  of  any  such  manuscript  for  such  manu- 
script, together  with  the  cost  or  expense  of  copyrighting  the 
same.    (R.  S.  1908,  §6327.) 

487.  State  not  liable.    5.    It  shall  be  a  part  of  the  terms 
and  conditions  of  every  contract  made  in  pursuance  of  this 
act  that  the  state  of  Indiana  shall  not  be  liable  to  any  con- 
tractor hcreunder  for  any  sum  whatever;  but  that  all  such 
contractors  shall  receive  their  pay  and  compensation  solely 
and  exclusively  from  the  proceeds  of  the  sale  of  the  books, 
as  provided  for  in  this  act,    (R.  S.  1908,  §6328.) 

488.  Governor's   proclamation.     6.     As   soon   as   such 
board  shall  have  entered  into  any  contract  for  the  furnish- 
ing of  books  for  use  in  the  public  schools  of  this  state,  pur- 
suant to  the  provisions  of  this  act,  it  shall  be  the  duty  of 
the  governor  to  issue  his  proclamation  announcing  such 
fact  to  the  people  of  this  state.    (R.  S.  1908,  §6329.) 

NOTE  :  The  following  sections  so  far  as  they  relate  to  the  purchase  and 
distribution  of  school  books  by  school  officers  are  repealed  by  the  law  of 
1907  (see  section  -  — ),  except  in  their  application  to  two  unexpired  con- 
tracts which  expire  in  1911.  (See  sections  534  to  536.) 

489.  Trustee's  duty.    7.    \Vhen  such  proclamation  shall 
have  been  duly  issued,  it  shall  be  the  duty  of  the  school 


296  SCHOOL    LAW    OF    INDIANA. 

trustees  of  each  and  every  school  corporation  in  this  state, 
within  thirty  days  thereafter,  and  at  such  other  times  as 
books  may  be  needed  for  use  in  the  public  schools  of  their 
respective  corporations,  to  certify  to  the  county  superin- 
tendent of  their  respective  counties  the  number  of  school 
text-books  provided  for  in  such  contract  required  by  the 
children  for  use  in  the  schools  of  their  several  school  corpo- 
rations. Such  county  superintendent  shall  forthwith  make 
such  requisition  for  books  as  the  schools  in  the  said  several 
counties  may  require  upon  the  state  superintendent  of  pub- 
lic instruction,  and  that  said  state  superintendent  of  public 
instruction  shall  immediately  thereafter  make  a  requisi- 
tion for  said  books  upon  the  contractor,  who  shall,  within 
ninety  days,  ship  the  books  so  ordered  directly  to  the  county 
school  superintendents  of  the  several  counties  of  this  state. 
Upon  the  receipt  of  such  books  it  shall  be  the  duty  of  such 
county  school  superintendents  to  immediately  notify  all  the 
school  trustees  of  the  school  corporations,  as  shown  by  the 
last  school  enumeration  of  their  counties,  of  the  receipt  of 
such  books.  It  shall  then  be  the  duty  of  such  school  trus- 
tees to  immediately  procure  and  take  charge  and  custody 
of  all  the  books  assigned  to  their  several  school  corpora- 
tions, receipting  therefor,  to  the  said  county  school  super- 
intendent: and,  upon  the  receipt  of  such  books  by  said 
school  trustees,  they  shall  furnish  them,  on  demand,  to  the 
school  patrons  or  school  children  of  their  respective  cor- 
porations, at  the  price  fixed  therefor  by  the  contract  en- 
tered into  between  said  board  of  commissioners  and  said 
contractor;  and  it  shall  be  the  duty  of  such  school  officers  to 
sell  books  for  cash  only;  and  if  they  shall  sell  or  dispose 
of  any  books  other  than  for  the  cash  price  thereof,  they 
shall  be  held  personally  liable,  and  liable  upon  their  official 
bond  for  the  price  of  such  book  or  books:  Provided,  That 
any  patron  or  pupil  of  any  school  or  schools  other  than  the 
public  schools,  and  also  any  child  between  the  ages  of  six 
and  twenty-one  years  of  age,  or  the  parent,  guardian  or 
teacher  of  such  child,  shall  have  the  right  to  purchase  and 
receive  the  books,  and  at  the  prices  herein  named,  by  pay- 
ment of  the  cash  price  thereof  to  the  school  superintendent 


SCHOOL    LAW    OF    INDIANA.  297 

of  any  county  in  this  state,  and  it  is  hereby  made  his  duty  to 
make  requisition  upon  the  contractor  for  any  and  all  books 
so  ordered  and  paid  for  by  any  such  person  or  persons: 
And,  provided  further,  That  nothing  in  this  act  shall  oper- 
ate to  prevent  the  state  board  of  education,  boards  of 
school  trustees  or  boards  of  school  commissioners,  from  de- 
vising means  and  making  arrangements  for  the  sale,  ex- 
change or  other  disposition  of  such  books  as  may  be  owned 
by  the  pupils  of  schools  under  their  charge,  at  the  time  of 
the  adoption  of  books  under  the  provisions  of  this  act. 
(R.  S.  1908,  §6330.) 

490.  Quarterly  reports.    8.    At  the  expiration  of  three 
months  after  the  receipt  of  such  books  by  the  county  super- 
intendent, and  every  three  months  thereafter,  it  shall  be 
the  duty  of  each  school  trustee  receiving  and  chargeable 
with  books  under  the  provisions  of  this  act,  to  make  a  full 
and  complete  report  to  the  county  superintendent  of  the 
number  of  books  sold,  and  the  amount  of  money  received 
therefor,  and  the  number  of  books  on  hand ;  and  at  the  time 
of  making  such  report  he  shall  pay  over  to  the  county  su- 
perintendent all  moneys  received  by  him  of  with  which  he 
is  chargeable,  from  the  sales  of  books  in  his  hands;  which 
report  shall  be  duly  verified  by  the  oath  of  the  party  mak- 
ing it.    (K.  S.  1908,  §6331.) 

491.  Superintendent  to  enter  suit.    9.    If,  at  the  expira- 
tion of  ten  days  from  the  time  required  by  this  act  for  the 
making  of  such  report  of  any  school  superintendent  charge- 
able with  books  under  this  act,  any  such  officer  shall  have 
failed,  neglected  or  refused  to  make  such  report,  or  turn 
over  any  moneys  with  which  he  is  chargeable,  it  shall  be 
the  duty  of  the  county  school  superintendent,  within  fifteen 
days,  to  enter  suit  upon  his  official  bond  for  an  accounting 
and  recovery  of  any  moneys  due  from  him  on  account  of 
such  books  with  which  he  is  chargeable;  and  all  judgments 
recovered  upon  such  bonds  shall  include  a  reasonable  attor- 
ney 's  fee  for  the  attorney  prosecuting  such  suit;  and  such 
judgment   shall   be  without  relief  from  valuation  or  ap- 


298 


SCHOOL    LAW    OF    INDIANA. 


praisement  laws,  and  shall  be  without  stay  of  execution. 
(E.  S.  1908,  §6332.) 

492.  Superintendent's  special  bond.    1.0.    It  shall  be  the 
duty  of  the  several  county  school  superintendents  of  this 
state,  within  thirty  days  from  the  issuing  of  the  proclama- 
tion by  the  governor,  as  hereinbefore  provided  for,  and  of 
every  county  school  superintendent  hereafter  elected,  be- 
fore he  enters  upon  the  discharge  of  his  official  duties,  to 
enter  into  a  special  bond,  with  at  least  two  freehold  sure- 
ties of  such  county,  payable  to  the  state  of  Indiana,  condi- 
tioned that  they  will  faithfully  and  honestly  perform  all  the 
duties  required  of  them  by  this  act,  and  account  for  and 
pay  over  all  moneys  that  may  come  into  their  hands,  pur- 
suant to  the  provisions  of  this  act,  in  a  penal  sum  which 
shall  be  equal  in  amount  to  one  hundred  dollars  for  every 
one  thousand  inhabitants  of  their  respective  counties  as 
shown  by  the  last  census  immediately  preceding  the  giving 
of  such  bond,  to  be  approved  by  the  board  of  commission- 
ers of  their  respective  counties;  and  upon  the  failure  of 
any  county  school  superintendent  to  give  such  bond,  his 
office  shall  become  immediately  vacant,  and  the  board  of 
commissioners  of  his  county  shall  immediately  appoint  some 
competent  and  suitable  person  to  fill  such  vacancy  for  the 
unexpired  term  of  his  office.     (E.  S.  1908,  §6333.) 

493.  Reports  to  contractor.    11.    It  shall  be  the  duty  of 
each  county  school  superintendent  in  this  state,  within  ten 
days  after  the  quarterly  reports  of  the  school  trustees,  as 
hereinbefore  provided  for,  to  make  a  full,  true,  complete 
and  detailed  report  to  the  contractor  of  all  books  sold  by 
the  several  school  trustees  of  his  county,  and  of  the  number 
of  books  in  the  hands  of  the  trustees  of  each  school  corpora- 
tion, which  report  shall  be  accompanied  by  all  cash  received 
by  him  from  the  school  officers  from  sales  of  books  by  them 
sold,  and  which  report  shall  be  duly  verified  by  him,  and  a 
duplicate  thereof  shall  be  filed  in  the  office  of  the  auditor  of 
his  county.    Upon  the  failure  of  any  county  school  superin- 
tendent to  make  the  report  and  to  transmit  the  cash,  as  re- 


SCHOOL    LAW    OF    INDIANA.  299 

quired  by  this  section,  a  right  of  action  shall  immediately 
accrue  to  the  contractor  against  the  said  school  superin- 
tendent and  the  sureties  upon  the  bond  provided  for  in  this 
act,  for  an  accounting  and  for  the  recovery  of  any  moneys 
received  and  not  transmitted  by  him,  and  for  any  damages 
which  may  have  resulted  from  his  neglect  or  failure  to  com- 
ply with  the  provisions  of  this  act.  and  any  judgment  upon 
any  such  bond  shall  include  a  reasonable  fee  for  the  attor- 
ney prosecuting  such  suit,  and  such  judgment  shall  be  with- 
out relief  from  valuation  and  appraisement  laws,  and  shall 
be  without  stay  of  execution.  (E.  S.  1908,  §6334.) 

494.  Sale  for  more  than  contract  price.    12.    Any  school 
trustee   charged  with   the   sales   of  any  books  under   the 
provisions   of   this   act,    who   shall   directly   or  indirectly 
demand   or  receive   any   money  for   any   book   or   books 
in  excess  of  the  contract  price,  as  hereinbefore  provided, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  in  any  sum  not  less  than  ten  nor 
more  than  one  hundred  dollars,  to  which  may  be  added  im- 
prisonment in  the  county  jail  for  a  term  not  exceeding  sixty 
days.    (R.  S.  1908,  §6335.) 

495.  Embezzlement.     13.     Any  county  school  superin- 
tendent or  trustee  of  any  township  or  school  corporation  in 
this  state  who  shall  fraudulently  fail  or  refuse,  at  the  ex- 
piration of  the  term  for  which  he  was  elected  or  appointed, 
or  at  any  time  during  such  term,  when  legally  required  by 
the  proper  person  or  authority,  to  account  for  and  deliver 
and  pay  over  to  such  person  or  persons  as  may  be  lawfully 
entitled  to  receive  the  same,  all  moneys  or  school  books 
which  may  have  come  into  his  hands  by  virtue  of  the  provi- 
sions of  this  act,  shall  be  deemed  guilty  of  embezzlement, 
and  upon  conviction  thereof  shall  be  imprisoned  in  the  state 
prison  for  any  period  not  more  than  five  years  nor  less  than 
one  year,  and  fined  in  any  sum  not  exceeding  one  thousand 
dollars,  and  rendered  incapable  of  holding  any  office  of  trust 
or  profit  for  any  determinate  period.     (E.  S.  1908,  §6336.) 


300  SCHOOL    LAW    OF    INDIANA. 

496.  Appropriation — Laws  repealed.     14.    The  sum  of 
one  thousand  dollars  is  hereby  appropriated  out  of  any 
funds  in  the  state  treasury  not  otherwise  appropriated,  for 
the  purpose  of  paying  the  cost  and  expenses  incident  to  the 
giving  of  the  notices  herein  provided  for,  and  carrying  out 
the  provisions  of  this  act.    All  laws  and  parts  of  laws  in 
conflict,  with  the  provisions  of  this  act  are  hereby  repealed. 
(R.  S.  1908,  §6337.) 

[1891,  p.  99.    Approved  March  5,  1891.] 

497.  Advertise  for  bids.    1.    It  shall  be  the  duty  of  the 
board  of  commissioners,  for  the  purpose  of  securing  for  use 
in  the  common  schools  of  the  state  of  Indiana  of  a  series  of 
text-books  as  constituted  by  the  act  of  the  general  assembly 
in  this  section  mentioned,  to  immediately  advertise  for  bids, 
and  to  act  upon  such  bids  as  may  be  submitted  for  the  fur- 
nishing for  use  in  the  common  schools  of  the  state  of  Indi- 
ana of  a  spelling-book,  a  primary  physiology,  a  more  ad- 
vanced work  on  physiology  and  hygiene,  an  elementary 
grammar,  a  complete  grammar,  and  a  history  of  the  United 
States.     In  advertising  for  such  bids,  and  in  acting  upon 
any  bid  which  may  be  submitted,  such  board  of  commis- 
sioners shall  be  governed,  as  far  as  possible,  by  the  same 
terms,   conditions   and  limitations   concerning   them,   and 
shall  require  bidders  and  contractors  to  comply  with  all 
terms,  conditions  and   limitations   concerning  bidders   or 
contractors,  so  far  as  applicable,  as  are  contained  in  an  act 
of  the  general  assembly  of  Indiana,  entitled  "An  act  en- 
titled an  act  to  create  a  board  of  commissioners  for  the 
purpose  of  securing  for  use  in  the  common  schools  of  the 
state  of  Indiana  of  a  series  of  text-books,  defining  the  duties 
of  certain  officers  therein  named  with  reference  thereto, 
making  appropriations  therefor,  defining  certain  felonies 
and  misdemeanors,  providing  penalties  for  the  violation  of 
the  provisions  of  said  act,  repealing  all  laws  in  conflict 
therewith,  and  declaring  an  emergency. "    Acts  of  the  gen- 
eral assembly  of  the  state  of  Indiana,  1889,  p.  74:     Pro- 
vided, That  the  standard  of  physiologies  shall  be  Hutchin- 
son's  laws  of  health  and  Hutchinson's  physiology  and  hy- 


SCHOOL    LAW    OF    INDIANA.  301 

giene:  And  provided  further,  That  no  bids  shall  be  con- 
sidered in  which  the  price  of  a  primary  physiology  shall  ex- 
ceed thirty  cents  for  the  volume,  or  in  which  a  physiology 
and  hygiene  shall  exceed  sixty  cents  for  the  volume,  or  in 
which  a  history  of  the  United  States  shall  exceed  sixty-live 
cents  for  the  volume.  (R.  S.  1908,  §6338.) 

498.  Trustees  to  make  requisitions  first  Monday  of  June. 
2.     That  it  shall  be  the  duty  of  the  township  trustees  and 
school  boards  of  the  state,  severally,  on  the  first  Monday  of 
June  in  each  year,  and  at  such  intermediate  times  as  the 
necessity  therefor  shall  exist,  after  considering  the  number 
and  kind  of  adopted  books  already  sold  in  the  corporation, 
Ihe  number  and  kind  of  such  books  on  hand,  and  ascertain- 
ing from  their  teachers  or  principal  and  superintendent,  as 
the  case  may  be,  the  enrollment  of  scholars  in  the  different 
classes  or  grades  of  the  schools  of  the  corporation,  to  order 
such  quantities  of  the  books  which  the  state  has  at  that 
time  adopted,  as  may  seem  to  him,  or  to  it,  to  be  necessary 
for  use  in  the  schools  of  such  corporation  until  the  first  day 
of  June  then  next  succeeding;  the  estimate  being  based 
upon  the  information  which  it  is  above  provided  shall  be 
gathered,  and  on  the  advice  of  the  county  superintendent: 
Provided.  That  the  total  orders  for  any  school  year  of  the 
books  adopted  heretofore,  and  those  mentioned  in  section 
one  of  this  act,  shall  not  exceed  the  amount  of  one  dollar 
for  each  child  enumerated  for  school  purposes  in  the  cor- 
poration:   And  provided  further,  That  it  shall  be  the  duty 
of  the  state  superintendent  to  properly  scale  down  :my  or- 
der for  books  which  may  pass  through  his  hands  in  case 
that  it  shall  seem  clear  to  him  that  such  order  is  for  a  quan- 
tity of  books  in  excess  of  the  needs  of  the  corporation  dur- 
ing the  period  for  which  such  books  were  ordered.     «R.  S. 
1908,  §6339.) 

499.  Trustees   to   acknowledge   receipt   of   books.     3. 
Whenever  an  order  for  the  books  which  the  state  has  adopt- 
ed, or  may  adopt,  shall  have  been  filled  by  a  contractor  with 
the  state,  and  the  books  delivered  to  the  township  trustee  or 


302 


SCHOOL    LAW    OF    INDIANA. 


school  board  making  such  order,  it  shall  be  the  duty  of 
such  trustee  or  boards  to  immediately  acknowledge  the  re- 
ceipt of  such  books  to  the  contractor,  and  also  to  make  a 
report  thereof  to  the  county  superintendent,  and  it  shall  be 
lawful  for  any  such  trustee  or  school  board  to  at  once  make 
payment  for  such  books  to  the  contractor,  through  the  su- 
perintendent of  the  county,  out  of  any  school  funds  in  ex- 
cess of  the  needs  of  their  respective  townships  or  school  cor- 
porations for  current  expenses,  or  other  special  needs,  in  the 
hands  or  control  of  such  trustee  or  board,  aside  from  the 
principal  or  interest  of  the  common  congressional  school 
fund,  or  the  "school  revenue  for  tuition: "  Provided,  how- 
ever, That  no  debt  shall  ever  be  contracted,  or  warrant,  or 
other  evidence  of  indebtedness,  ever  be  issued  by  a  trustee 
or  board  on  account  of  a  purchase  of  books :  And,  provided 
further,  That  whenever  any  books  are  paid  for  by  any 
trustee  or  school  board,  such  trustee  or  school  board  shall 
be  liable  personally,  and  liable  upon  their  official  bonds,  re- 
spectively, for  the  preservation,  custody  and  safe  keeping 
of  all  such  books  until  the  same  are  sold  and  accounted  for, 
or  otherwise  disposed  of  according  to  law.  Whenever  a 
book,  paid  for  as  aforesaid,  is  sold  by  a  trustee  or  school 
board,  it  shall  be  the  duty  of  such  trustee  or  school  board  to 
turn  the  entire  proceeds  of  such  sale  into  the  fund,  out  of 
which  payment  was  made  to  the  contractor,  to  reimburse 
the  fund  for  such  advancement.  In  case  a  trustee  or  school 
board  receiving  books  from  a  contractor  with  the  state  shall 
not  pay  for  such  books,  as  provided  in  this  section,  he,  or  it, 
shall  make  quarterly  reports  under  oath  of  the  sale  of  such 
books,  accompanied  by  all  cash  received  therefor,  to  the 
county  superintendent,  for  transmission  to  the  contractor, 
as  now  provided  by  law,  until  such  books  shall  have  been 
fully  paid  for.  The  provisions  of  this  section  shall  apply  to 
all  orders  heretofore  tiled:  Provided,  That  if  said  trustee 
or  board  shall  have  on  hands  any  books  heretofore  ordered, 
for  which  he,  or  it,  may  have  no  immediate  use,  the  same 
shall,  upon  the  order  of  the  county  superintendent,  or  the 
state  superintendent  of  public  instruction,  be  returned  to 


SCHOOL    LAW    OF    INDIANA.  303 

the  contractor,  or  be  shipped  to  such  other  point  as  the  con- 
tractor may  direct,  the  contractor  to  pay  all  freight  charges 
on  such  shipment;  and  the  county  superintendent  and  sucli 
trustee  or  board  shall,  thereupon,  have  credit  for  such  books 
so  returned  or  shipped.  (R,  S.  1908,  §6340.) 

500.  Books  for  poor  or  indigent  children.    4.    It  shall 
be  the  duty  of  each  township  trustee  and  each  school  board 
to  furnish  the  necessary  school  books,  so  far  as  they  have 
been  or  may  be  adopted  by  the  state,  to  all  such  poor  or  in- 
digent children  as  may  desire  to  attend  the  common  schools 
of  his,  or  its,  corporation,  as  in  his,  or  its,  opinion  would  be 
otherwise  unable  to  attend  such  schools:     Provided,  That 
no  township  trustee  in  this  state  shall  receive  an  amount  ex- 
ceeding five  dollars  as  compensation  for  his  services  in  any 
one  year  for  duties  performed  in  carrying  out  the  provi- 
sions of  this  act,  or  the  act  to  which  it  is  supplemental.    (R. 
S.  1908,  §6341.) 

501.  Reports  to  commissioners  and  county  superintend- 
ent.    5.     When  books  are  fully  paid  for  out  of  the  funds  of 
a  school  corporation,  as  provided  in  section  three  of  this  act, 
it  shall  not  be  necessary  for  the  township  trustee  or  school 
board  of  such  corporation  to  make  quarterly  reports  of  the 
sale  of  the  adopted  books,  but  instead  thereof  a  report  shall 
in  all  cases  be  made  by  him,  or  it,  upon  oath  on  the  first 
Monday  of  August  in  each  year  to  the  county  superintend- 
ent, and  like  report  upon  oath  shall  at  the  same  time  be 
made  to  the  board  of  commissioners  of  the  county,  which 
reports  shall  severally  state  the  number  and  kind  of  books 
on  hand  at  last  report;  the  number  and  kind  sold;  the  num- 
ber then  on  hand;  the  disposition  of  the  money  received  on 
such  sales ;  the  amount  of  money  used  from  any  school  fund 
in  payment  for  books  received;  and  the  condition  of  such 
funds.    Such  reports  shall  also  state  the  number  and  kind 
of  books  furnished  as  provided  in  section  four  of  this  act; 
for  the  price  of  which  books  so  furnished  the  township  trus- 
tee or  school  board  furnishing  the  same  shall  have  credit. 
(R.  g.  1908,  §6342.) 


304  SCHOOL    LAW    OF    INDIANA. 

502.  Appropriation.  6.  The  sum  of  one  thousand  dollars 
is  hereby  appropriated  out  of  the  general  fund  in  the  state 
treasury  to  enable  the  board  of  school  commissioners,  men- 
tioned in  section  one  of  this  act,  to  advertise  for  bids  as  in 
said  section  provided,    (R.  S.  1908,  §6343.) 

503.  Suit  on  trustee's  bond.    7.    Any  township  trustee 
or  member  of  a  school  board,  receiving  or  being  in  posses- 
sion of  any  moneys  which  at  the  end  of  the  next  quarter 
shall  be  turned  over  to  the  county  superintendent  to  pay  a 
contractor  for  books  sold  which  have  not  been  paid  for  out 
of  the  funds  of  the  corporation,  who  shall  fail  to  report  the 
sale  of  such  books  at  the  end  of  such  next  quarter,  or  who 
shall  fail  to  pay  therewith  the  full  proceeds  thereof  to  the 
county  superintendent,  or  so  much  thereof  as  may  be  neces- 
sary to  fully  pay  the  contractor  shall  be  liable,  after  de- 
mand upon  him,  to  a  suit  on  his  official  bond,  brought  on  the 
relation  of  the  county  superintendent,  whose  duty  it  shall 
be  to  bring  the  action  for  the  amount  due  from  him,  and 
damages,  if  any,  and  any  judgment  which  shall  be  rendered 
in  favor  of  the  plaintiff  in  the  action  shall  contain  a  reason- 
able attorney's  fee,  and  shall  be  payable  without  relief  from 
valuation  or  appraisement  laws.    The  same  liability  upon 
his  bond  shall  accrue  against  a  township  trustee  or  member 
of  a  school  board  who  shall  refuse  to  pay  over  as  in  this 
act  required  any  moneys  drawn  from  the  funds  of  his  cor- 
poration on  account  of  books  purchased,  or  who  shall  fail 
to  apply  all  moneys  for  books  sold  that  have  been  purchased 
by  the  corporation,  to  the  reimbursement  of  the  proper  fund. 
Any  judgment  rendered'  against  a  township  trustee,  school 
board,  or  member  of  a  school  board,  because  of  the  non-per- 
formance of  any  duty,  shall  include  a  reasonable  fee  for  the 
plaintiff's  attorney.     (R,  S.  1908,  §6344.) 

504.  County  superintendent's  special  bond.  8.  It  shall 
be  the  duty  of  each  county  school  superintendent  of  this 
state,  within  thirty  days  from  the  taking  effect  of  this  act, 
and  of  each  county  school  superintendent  hereafter  elected, 
before  he  enters  upon  the  discharge  of  his  official  duties,  to 


SCHOOL    LAW    OF    INDIANA.  305 

execute  a  special  bond  with  at  least  two  freehold  sureties  of 
his  county,  payable  to  the  state  of  Indiana,  conditioned  that 
he  will  faithfully  and  honestly  perform  all  the  duties  re- 
quired of  him  by  law,  and  account  for  and  pay  over  all 
moneys  which  may  come  into  his  hands  pursuant  to  law,  in 
a  penal  sum  which  shall  be  equal  to  one  hundred  dollars  for 
every  thousand  inhabitants  of  his  county,  as  shown  by  the 
last  census  immediately  preceding  the  giving  of  such  bond, 
which  bond  shall  be  executed  to  the  approval  of  the  board 
of  commissioners  of  his  county,  and  upon  failure  of  any 
county  school  superintendent  to  give  such  bond,  his  office 
shall  become  immediately  vacant,  and  the  board  of  commis- 
sioners of  his  county  shall  immediately  appoint  some  com- 
petent and  suitable  person  to  fill  such  vacancy  for  the  unex- 
pired  term  of  his  office.  (R.  S.  1908,  §6345.) 

505.  Superintendent's  report  to  contractor.  9.  It  shall 
be  the  duty  of  such  county  school  superintendent  within 
ten  days  after  the  receipt  of  any  report,  or  money,  from  a 
township  trustee  or  school  board,  as  hereinbefore  provided 
for,  to  make  a  full,  true,  complete  and  detailed  report  there- 
of to  the  contractor,  which  report  shall  be  accompanied  by 
all  cash  received  by  him  from  the  school  officers.  The  re- 
port above  provided  for  shall  be  duly  sworn  to  by  the  coun- 
ty superintendent,  and  a  duplicate  thereof  shall  be  filed  by 
him  in  the  office  of  the  auditor  of  his  county.  Upon  the  fail- 
ure of  any  county  school  superintendent  to  make  report  to 
the  contractor  and  transmit  the  cash  as  required  by  law,  a 
right  of  action  shall  immediately  accrue  to  the  contractor 
against  the  said  county  school  superintendent,  and  the  sure- 
ties upon  his  bond  provided  for  in  this  act,  for  an  account- 
ing and  for  the  recovery  of  any  moneys  received  and  not 
transmitted  by  him,  and  for  any  dartiages  which  may  have 
resulted  from  his  neglect  or  failure  to  comply  with  the  pro- 
visions of  this  act,  and  any  judgment  upon  any  such  bond 
shall  include  a  reasonable  fee  for  the  attorney  prosecuting 
such  suit;  and  such  judgment  shall  be  without  relief  from 

[20—27277] 


306 


SCHOOL    LAW    OF    INDIANA. 


valuation  or  appraisement  laws,  and  shall  be  without  stay 
of  execution.    (R.  S.  1908,  §6346.) 

506.  Failure  to  report — Embezzlement.    10.    Any  coun- 
ty school  superintendent,  or  trustee  of  any  township,  or 
member  of  any  school  board  in  this  state,  who  shall  fraudu- 
lently fail  or  refuse,  at  the  expiration  of  the  term  for  which 
he  was  elected  or  appointed,  or  at  any  time  during  such 
term,  when  legally  required  by  the  proper  person  or  au- 
thority to  account  for  and  deliver  and  pay  over  to  such  per- 
son or  persons  as  may  be  lawfully  entitled  to  receive  the 
same,  all  moneys  or  school  books  which  may  come  into  his 
hands  by  virtue  of  the  provisions  of  law,  shall  be  deemed 
guilty  of  embezzlement,  and  upon  conviction  thereof  shall 
be  imprisoned  in  the  state  prison  not  more  than  five  nor  less 
than  one  year,  and  lined  in  any  sum  not  exceeding  one  thou- 
sand dollars,  and  rendered  incapable  of  holding  any  oilice 
of  trust  or  profit  for  any  determinate  period.     (R.  S.  1908, 
|'6347.) 

507.  Books  to  be  uniformly  used.    11.    The  books  which 
have  been,  or  may  hereafter  be,  adopted  by  the  state  of  In- 
diana for  use  in  its  common  schools  by  virtue  of  this  act,  or 
the  act  mentioned  in  section  one  hereof,  shall  be  uniformly 
used  in  all  the  common  schools  of  the  state,  in  teaching  the 
branches  of  learning  treated  of  in  such  books,  and  it  shall 
be  the  duty  of  the  proper  school  officers  and  authorities  to 
use  in  such  schools  such  books  for  teaching  the  subjects 
treated  in  them.    (R.  S.  1908,  §6348.) 

508.  Duty  of  contractor.    12.    It  shall  be  the  duty  of  any 
person  or  persons,  firm  or  corporation,  who  shall  hereafter 
furnish  and  supply  books  under  the  provisions  of  this  act, 
or  under  the  provisions  of  the  act  of  1889,  title  whereof  is 
set  out  in  the  first  section  of  this  act,  to  ship  to  and  notify 
the  consignee  of  such  shipment,  and  deliver  the  books  or- 
dered by  the  various  county  superintendents,  at  such  rail- 
way stations  as  may  be  most  convenient  for  the  various 
township  trustees  or  school  boards  in  the  several  counties 


SCHOOL    LAW    OF    INDIANA.  307 

to  receive  the  same  as  may  be  directed  by  the  said  county 
superintendent.  And  in  preparing  such  books  for  such 
shipment,  it  shall  be  the  duty  of  every  such  contractor  to 
wrap  each  several  kind  of  books  by  themselves  in  packages 
of  not  to  exceed  five  or  ten  books,  according  to  their  size, 
each  such  package  to  be  securely  wrapped  in  good  substan- 
tial paper  of  sufficient  weight  to  protect  the  books  enclosed 
therein,  and  to  be  closed  at  each  end  thereof,  and  each  pack- 
age to  have  plainly  and  clearly  marked  or  printed  on  the 
outside  thereof  the  kind  and  number  of  books  contained 
therein,  and  as  many  of  such  packages  shall  be  enclosed  in 
large  packages  or  boxes  as  may  be  safe  and  convenient  for 
shipment.  And  upon  the  receipt  of  such  books  it  shall  be 
the  duty  of  each  township  trustee  or  school  board  to  care- 
fully care  for  and  protect  such  books  until  sold,  and  to  pre- 
serve the  same  in  the  original  packages  in  which  they  are 
wrapped  without  opening,  until  all  copies  of  the  same  books 
heretofore  received  by  him  or  it  have  been  sold,  and  there- 
after not  to  open  any  such  package  until  all  copies  con- 
tained in  packages  previously  opened  have  been  sold:  Pro- 
vided, If,  upon  the  opening  of  any  such  package,  any  town- 
ship trustee  or  school  board  shall  discover  that  any  of  the 
books  therein  contained  have  been  damaged,  or  are  defec- 
tive at  the  time  of  their  receipt  by  him,  or  it,  so  as  to  be 
unsalable,  he,  or  it,  shall  not  be  required  to  offer  the  same 
for  sale,  but  in  such  event,  he,  or  it,  shall  immediately 
notify  the  county  superintendent  of  such  damaged  or  de- 
fective book  or  books,  who  shall  immediately  thereafter 
give  notice  thereof  to  the  contractor  furnishing  the  same, 
and  thereafter  such  damaged  or  defective  book  or  books 
shall  be  subject  to  the  order  of  the  contractor.  (B.  S.  1908, 
§6349.) 

509.  Name  and  price  of  books  on  cover.  13.  It  shall  be 
the  duty  of  any  person  or  persons,  firm  or  corporation  who 
may  hereafter  furnish  and  supply  books  under  the  provi- 
sions of  this  statute,  or  of  the  act  of  1889,  the  title  whereof 
is  set  out  in  the  first  section  of  this  act,  to  print  in  large  let- 
ters upon  the  outside  of  the  first  cover  of  each  book  so  fur- 


303 


SCHOOL    LAW    OF    INDIANA. 


nished  and  supplied  by  him  or  them,  the  name  of  the  adopt- 
ed book,  and  upon  the  outside  of  the  back  cover  the  price  at 
which  such  book  is  furnished  to  be  sold  to  pupils,  under 
such  contract,  and  it  shall  be  the  duty  of  all  county  superin- 
tendents, township  trustees,  and  other  school  officers  and 
school  teachers,  to  see  that  all  books  so  furnished  to  pu- 
pils, and  bought  by  pupils  for  use  in  the  schools  of  the  state 
shall  bear  such  imprint:  Provided,  This  section  shall  not 
apply  to  copy  books.  (R.  S.  1908,  §6350.) 

510.  State  superintendent's  duty.     14.    It  shall  be  the 
duty  of  the  superintendent  of  public  instruction  to  cause  to 
be  printed,  at  the  expense  of  the  printing  fund,  and  to  send 
to  each  of  the  county  superintendents,  as  soon  as  possible 
after  the  passage  thereof,  a  sufficient  number  of  copies  of 
this  act  to  provide  such  superintendent  and  each  township 
trustee  and  each  member  of  the  school  board  in  such  county 
with  one  copy  of  such  act.     Each  county  superintendent 
shall,  at  once,  upon  the  receipt  of  the  copies  intended  for 
his  county,  mail,  or  otherwise  deliver,  to  each  township 
trustee  and  member  of  a  school  board  in  his  county  a  copy 
of  this  act.    (R.  S.  1908,  §6351.) 

511.  Act  supplemental.    15.    Nothing  in  this  act  shall  be 
construed  to  in  anywise  affect  the  act  mentioned  in  section 
one  of  this  act.  and, the  two  acts  shall  be  regarded  as  each 
supplementing  the  other,  except  where  this  act  shall  pro- 
vide a  different  procedure  from  the  first  act,  in  which  case 
the  provisions  of  this  act  shall  govern.    Nothing  in  this  act 
shall  be  construed  as  affecting  or  impairing  any  contract 
right  secured  by  any  contractor  under  the  act  mentioned  in 
section  one  of  this  act,  but  all  such  contracts  are  hereby  de- 
clared to  be,  and  are  hereby  made,  binding  upon  the  state  to 
the  same  extent  as  they  would  have  been  had  this  act  not 
been  passed.    (R.  S.  1908,  §6352.) 

[1893,  p.  165.    Approved  March  I,  1893.] 

512.  Contractors  to  file  consent.    1.    Whenever  the  con- 
tractors, or  either  of  them,  to  the  extent  that  they  might  be 
affected  in  their  contract  rights  under  prior  laws,  to  wit: 


SCTTOOL    LAW    OF    INDIANA.  309 

An  act  entitled  "  An  act  entitled  an  act  to  create  a  board  of 
commissioners  for  the  purpose  of  securing,  for  use  in  the 
common  schools  of  the  State  of  Indiana,  of  a  series  of  text 
books,  defining  the  duties  of  certain  officers  therein  named 
with  reference  thereto,  making  appropriations  therefor,  de- 
fining certain  felonies  and  misdemeanors,  providing  penal- 
ties for  the  violation  of  the  provisions  of  said  act, '  repealing 
all  laws  in  conflict  therewith  and  declaring  an  emergency,*  " 
passed  by  the  general  assembly  of  the  state  of  Indiana  in 
the  year  1889,  and  published  on  page  74  of  the  acts  of  1889; 
and  an  act  supplemental  thereto  and  upon  the  same  general 
subject,  approved  March  5.  189] ,  shall  have  filed  with  the 
state  superintendent  of  public  instruction  an  agreement  in 
writing,  duly  executed  by  them,  or  either  of  them  separate- 
ly, consenting  to  the  operation  of  this  act,  as  affecting  the 
sale  of  school  books  furnished  by  them,  under  contract 
with  the  state  pursuant  to  the  provisions  of  existing  laws, 
it  shall  then  be  lawful  for,  and  it  is  hereby  made  the  duty 
of,  the  township  trustees  and  school  boards  of  this  state, 
to  sell,  for  cash,  to  all  merchants  and  dealers  who  may  ap- 
ply therefor,  and  in  such  quantities  as  they  may  require,  a 
sufficient  number  of  adopted  school  books,  furnished  by  the 
contractor  or  contractors,  so  consenting,  to  supply  all  de- 
mands of  school  patrons  and  pupils  attending  the  common 
schools  and  residing  in  their  immediate  neighborhoods,  re- 
spectively; which  books  shall,  in  no  event,  be  sold  to  school 
patrons  or  pupils,  by  such  merchants  or  dealers,  at  a  price 
in  excess  of  the  price  fixed  in  the  contract  for  such  books  be- 
tween the  state,  board  of  school  book  commissioners  and 
such  contractor.  In  making  such  sales,  the  township  trus- 
tee and  school  boards  shall  be  authorized,  and  it  is  hereby 
made  their  duty  to  deduct  ten  per  cent,  from  the  contract 
price  at  which  such  books  are  required  by  law  to  be  sold  to 
the  school  patrons  and  school  children  of  the  state,  to  com- 
pensate the  dealer  for  handling  and  selling  such  books;  one- 
half  of  which  deduction  shall  be  borne  by  the  contractor 
and  one-half  thereof  by  such  school  corporation.  And  here- 
after no  adopted  books  shall  be  delivered  or  sold  to  mer- 


310 


SCHOOL    LAW    OF    INDIANA. 


chants  or  dealers  by  any  county  school  superintendent, 
township  trustee  or  school  board,  except  upon  the  terms  and 
conditions  hereinbefore  specified.  (R.  S.  1908,  §6358.) 

513.  Sale  to  merchants  or  dealers — Trustee's  report.    2. 
When  sale  shall  be  made  of  any  books  by  any  township 
trustee  or  school  board  to  any  merchant  or  dealer,  pur- 
suant to  the  provisions  of  section  one  of  this  act,  it  shall  be 
the  duty  of  such  trustee  or  school  board,  at  the  end  of  such 
calendar  month,  to  make  a  report  thereof  to  the  county 
school  superintendent  of  the  number  and  kind  of  books  sold, 
and  the  amount  of  money  received  therefor,  and  the  num- 
ber and  kind  of  books  on  hand;  and  at  the  time  of  making 
such  report  to  pay  over  to  the  county  school  superintend- 
ent all  money  received  by  him  or  them  from  any  such  sale 
or  sales;  at  the  time  of  making  such  report  such  trustee  or 
school  board  shall  also  pay    to    such    superintendent,  for 
transmission  to  the  contractor,  the  one-half  of  the  amount 
of  the  deduction  in  the  price  of  the  books  so  sold,  which  last 
amount  shall  be  paid  out  of  and  charged  to  the  special 
school  fund  of  such  school  corporation;  and  for  such  amount 
the  said  trustee  or  school  board  shall  take  the  receipt  of 
such  superintendent.     And  in  their  reports  to  and  settle- 
ments thereafter  made  with  the  board  of  commissioners  of 
their    respective    counties,  the    said    trustees  and  school 
boards  shall  be  entitled  to  full  credit  for  the  money  so  paid 
out  of  said  fund  when  such  superintendent's  receipt  is  ten- 
dered and  filed  with  such  reports:    Provided,  That  when- 
ever any  township  trustee  or  school  board  shall  have  sold  all 
books  ordered  by  him  or  them,  or  in  his  or  their  hands  for 
sale  to  merchants  or  dealers,  as  herein  provided,  they  shall 
not  be  required  to  make  quarterly  reports,  as  now  provided 
by  law.     (E.  S.  1908,  §6359.) 

514.  Officers  to  supply  sufficient  books.    3.    It  shall  be 
the  duty  of  county  school  superintendents,  township  trus- 
tees and  school  boards  to  see  that  at  all  times  there  are 
sufficient  number  of  books  on  hand,  either  in  the  hands  of 
such  superintendents,  trustees  or  school  boards  respectively. 


SCHOOL    LAW    OF    INDIANA.  311 

or  in  the  hands  of  the  dealers  in  the  different  neighborhoods 
of  their  respective  school  corporations,  to  supply  the  pa- 
trons and  pupils  of  the  common  schools  with  all  needed 
books ;  and  nothing  in  this  act  shall  be  construed  so  as  to  re- 
lieve them  from  any  of  the  duties  now  imposed  by  law  in 
this  respect.  (E.  S.  1908,  §6360.) 

515.  Duty  of  merchants  and  dealers.    4.    It  shall  be  the 
duty  of  all  merchants  or  dealers  who  may  be  supplied  with 
books  by  virtue  of  the  provisions  of  this  act  to  furnish  the 
township  trustee  or  school  board  of  whom  such  books  may 
have  been  purchased  and  received  with  a  detailed  state- 
ment of  the  number  of  books  of  each  kind  on  hand  on  the 
fifteenth  day  of  May  of  each  year,  and  at  such  other  times 
during  the  year  as  the  same  may  be  called  for  by  such  trus- 
tee or  school  board;  and  any  merchant  or  dealer  who  shall 
refuse  for  the  period  of  five  days  after  request  to  do  so,  by 
any  trustee  or  school  board  entitled  to  receive  the  same,  to 
furnish  such  statement  as  above  provided,  shall  not  be  en- 
titled thereafter  to  purchase  or  sell  any  school  books  under 
the  provisions  of  this  act.     And  upon  the  receipt  of  any 
such  report  it  shall  be  the  duty  of  such  trustee  or  school 
board  to  forthwith  transmit  a  copy  thereof  to  the  county 
school  superintendent,  who  shall,  within  ten  days  after  the 
receipt  of  any  such  report,  transmit  a  copy  thereof  to  the 
contractor,  for  which  reports  the  contractor  shall  furnish 
the  necessary  blanks.     (E,  S.  1908,  §6361.) 

516.  County  superintendent  to  make  report.    5.    It  shall 
be  the  duty  of  each  county  school  superintendent  in  this 
state,  within  ten  days  after  receiving  any  report  or  money 
on  account  of  the  sale  of  any  books,  from  any  trustee  or 
school  board  of  his  county,  as  hereinbefore  provided,  to 
make  a  full,  true  and  verified  report  to  the  contractor  of 
the  number  and  kind  of  books  so  sold  by  the  several  town- 
ship trustees  or  school  boards  of  his  county,  and  of  the 
number  and  kind  of  books  on  hands  with  the  said  school 
officers  and  himself,  which  report  shall  be  accompanied  by 
all  cash  received  by  him  from  such  trustees  or  school  boards 


312  SCHOOL    LAW    OF    INDIANA. 

on  account  of  such  sales;  and  he  shall  file  a  duplicate  there- 
of in  the  office  of  the  auditor  of  his  county.  The  necessary 
blanks  for  which  reports  shall  be  furnished  by  the  contract- 
or. (B.  S.  1908,  §6362.) 

517.  Officers   failing   to   report— Right   of   action.     6. 
Upon  failure  of  any  township  trustee,  school  board  or  coun- 
ty school  superintendent  to  perform  any  duty  or  to  make  re- 
port of  any  cash  received  by  him  or  them,  as  reauired  by 
the  provisions  of  this  act,  a  right  of  action  shall  immediate- 
ly accrue  to  the  contractor  against  the  said  officer  so  in  de- 
fault, and  the  sureties  upon  his  official  bond,  for  an  account- 
ing and  for  the  recovery  of  any  money  received  and  not 
transmitted  by  him  or  them,  and  for  any  damage  which 
may  have  resulted  from  his  or  their  neglect  or  failure  to 
comply  with  the  provisions  of  this  act;  and  any  judgment 
in  favor  of  the  contractor  in  any  such  action  shall  include 
a  reasonable  fee  for  the  attorney  prosecuting  the  suit,  and 
such  judgment  shall  be  collectible  without  relief  from  valu- 
ation and  appraisement  laws,  and  shall  be  without  stay  of 
execution.    (B,  S.  1908,  §6363.) 

518.  Failure  to  report  at  expiration  of  term — Embezzle- 
ment.    7.     Any    county    school    superintendent,    township 
trustee  or  member  of  any  school  board  of  this  state  who 
shall  fraudulently  fail  or  refuse,  at  the  expiration  of  the 
term  for  which  he  was  elected  or  appointed,  or  at  any  time 
during  such  term,  when  legally  required  by  the  proper  per- 
son or  authority,  to  account  for  and  pay  over  to  such  per- 
son or  persons  as  may  be  lawfully  entitled  to  receive  the 
same,  all  money  or  school  books  not  previously  accounted 
for,  which  may  have  come  into  his  hands  by  virtue  of  the 
provisions  of  this  act,  shall  be  deemed  guilty  of  embezzle- 
ment, and  upon  conviction  thereof,  shall  be  imprisoned  in 
the  state  prison  not  more  than  five  years  nor  less  than  one 
year,  and  fined  in  any  sum  not  exceeding  one  thousand  dol- 
lars and  rendered  incapable  of  holding  any  office  of  trust  or 
profit  for  any  determinate  period.     (R.  S.  1908,  §6364.) 


SCHOOL    LAW    OF    INDIANA.  313 

519.  Sale  for  more  than  contract  price.     8.    Any  mer- 
chant or  dealer  who  shall  knowingly  or  willfully  charge, 
receive,  collect  or  attempt  to  charge  or  collect,  for  any 
school  book  or  books  by  him  sold  to  any  school  patron 
or  pupil,  any  sum  in  excess  of  the  price  at  which  such  book 
or  books  are  required  to  be  sold  by  law,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  imprisoned  in  the  county  jail  not  more  than  six  months 
nor  less  than  thirty  days,  and  fined  in  any  sum  not  exceed- 
ing five  hundred  dollars.    (R.  S.  1908,  §6365.) 

520.  Contractors  to  file  consent  for  revision  of  books.    9. 
Whenever  the  contractors  for  furnishing  books  for  use  in 
the  common  schools,  under  the  provisions  of  existing  laws 
hereinbefore  specified,  shall  have  filed  with  the  state  super- 
intendent of  public  instruction  their  consent,  in  writing,  to 
the  revision  or  the  introduction  of  an  intermediate  book,  as 
hereinafter  provided,  duly  executed  by  them,  and  the  state 
board  of  school  book  commissioners  shall  determine  that  a 
revision  is  needed  of  any  or  all  of  the  books  in  use  in  the 
common  schools  under  contract  made  pursuant  to  law,  or 
that  an  intermediate  grammar  or  language  lessons  is  need- 
ed, then  it  shall  be  lawful  for  the  state  board  of  school  book 
commissioners  to  order  a  revision  to  be  made  of  any  or  all 
of  such  books  as  in  their  judgment  may  be  found  necessary 
for  the  welfare  of  the  common  schools  of  the  state,  in  the 
manner  and  under  the  conditions  following: 

The  said  board  of  school  book  commissioners  shall  select 
a  competent  author  or  authors  to  perform  the  work  of  re- 
vision of  the  subject-matter  of  such  book  or  books  so  or- 
dered to  be  revised.  The  entire  cost  of  such  revision,  in- 
cluding the  manuscript,  illustrations,  engravings,  maps  and 
plates  therefor,  shall  be  paid  by  the  contractor  or  contract- 
ors who  may  at  the  time  of  such  revision  be  required  to  fur- 
nish such  book  or  books  under  their  contract  with  the  state. 
The  cost  and  expense,  however,  of  such  revision  shall  first 
be  agreed  upon  by  the  state  board  of  school  book  commis- 
sioners and  the  contractor  or  contractors  before  such  work 
of  revision  is  commenced:  Provided,  If  said  board  and 


314  SCHOOL    LAW    OF    INDIANA. 

contractor  or  contractors  shall,  for  a  period  of  sixty  days 
after  an  estimate  of  the  cost  of  any  proposed  revision  has 
heen  furnished  by  such  state  board  to  the  contractor,  be  un- 
able to  agree  upon  an  amount,  which  in  the  opinion  of  such 
state  board  would  be  necessary  to  cover  the  cost  of  any 
such  revision,  then  the  said  state  board  may  advertise  for 
bids  from  publishers  of  school  books  for  furnishing  any 
such  book  or  books,  the  cost  of  revision  of  which  could  not 
be  agreed  upon;  and  in  such  advertisement,  selecting  and 
contracting  for  such  book  or  books,  the  said  board  shall  be 
governed  by  the  provisions  of  laws  now  in  force  respecting 
such  matters.  (E.  S.  1908,  §6366.) 

In  order  to  make  a  revision  of  school  books,  the  statute  (Acts  1893,  p. 
165)  requires  (1)  the  state  board  of  school  book  commissioners  must  se- 
lect a  competent  author  to  make  the  revision,  (2)  the  cost  of  such  .revision 
shall  be  paid  by  the  contractor  furnishing-  the  books,  (3)  the  cost  of  such 
revision  shall  be  agreed  upon  before  the  revision  is  begun,  (4)  such  board 
shall  contract  with  some  author  to  furnish  the  manuscript  of  such  revision 
to  the  acceptance  and  satisfaction  of  the  board,  and  (5)  such  contractor 
shall  give  bond  to  furnish  such  books.  35  Ind.  App.  438. 

521.  Author  to  revise — County  and  state  superintendent 
to  scale  requisition.  10.  Whenever  the  revision  of  any 
book,  or  series  of  books,  shall  be  determined  upon  by  the 
state  board  of  school  book  commissioners,  and  they  shall 
have  contracted  with  an  author  or  authors  to  furnish  the 
manuscript  for  such  revision,  sufficient  time  shall  be  given 
to  the  author  in  which  to  perform  the  work  of  revising  the 
subject  matter  of  such  books  to  the  acceptance  and  satis- 
faction of  such  board,  and  when  the  revision  of  the  subject 
matter  of  any  such  book  is  completed  by  the  author  and  the 
manuscript  thereof  furnished  to  the  contractor,  at  least  six 
months'  time  shall  be  given  the  contractor  in  which  to  make 
the  necessary  illustrations,  engravings,  maps  and  plates, 
manufacture  and  ship  the  books  to  the  various  school  cor- 
porations of  the  state  before  any  such  contractor  shall  be 
required  to  furnish  any  such  book,  or  series  of  books,  so  re- 
vised for  use  in  the  schools  of  the  state  under  his  contract. 
And  no  new  book,  or  revised  book,  or  series  of  books,  shall 
be  introduced  for  use  in  the  schools  of  the  state,  at  any  time, 


SCHOOL    LAW    OF    INDIANA.  315 

by  virtue  of  the  provisions  of  this  act,  until  the  state  board 
of  school  book  commissioners  shall  have  given  notice  to 
the  county  superintendents,  township  trustees  and  school 
boards  of  the  state,  by  printed  notice  mailed  to  each  of  said 
school  officers,  last  above  named,  at  least  twelve  months  in 
advance  of  the  time  when  such  book,  or  series  of  books,  are 
to  be  used  in  the  public  schools,  and  like  notice  shall  be  giv- 
en by  said  county  superintendents,  trustees  and  school 
boards  to  all  merchants  and  dealers  in  their  respective  school 
corporations,  who  may  be  selling  the  adopted  books.  And 
it  shall  be  the  duty  of  the  state  superintendent  of  public 
instruction  and  the  county  superintendents  of  each  county 
to  scale  down  to  the  minimum  number  all  requisitions  for 
school  books,  which  may  be  made  after  such  notice  is  given, 
thereby  enabling  all  township  trustees,  school  boards,  and 
dealers,  to  dispose  of  the  stock  of  books  in  their  hands ;  but 
no  dealer  shall  buy  or  carry  on  hand,  at  any  time,  more 
books  than  are  actually  needed  to  supply  the  demands  there- 
for, for  the  purpose,  or  with  the  intent,  of  preventing  the 
introduction  of  any  new  or  revised  book,  according  to  the 
spirit  of  this  act.  And  for  the  purpose  of  enabling  the  state 
superintendent  of  public  instruction  to  determine  when  any 
requisitions  should  be  scaled  down  in  anticipation  of  the 
expiration  of  any  existing  contract,  it  shall  be  the  duty 
of  the  contractor  to  furnish  to  said  state  superintendent  a 
copy  of  the  quarterly  verified  reports  made  by  county  su- 
perintendents to  the  contractor,  giving  the  number  and 
kind  of  books  on  hand  with  the  various  dealers  and  town- 
ship trustees  and  school  boards  of  their  respective  counties ; 
and  at  the  expiration  of  such  notice  such  book  or  books 
shall  only  be  required  to  be  introduced  in  the  schools  as 
new  classes  in  the  study  of  such  branches  are  being  formed, 
and  all  classes  in  such  study,  or  studies,  who,  at  the  time 
of  the  expiration  of  the  term  of  such  notice,  shall  have  pur- 
chased books  for  use  in  such  classes,  shall  be  allowed  time 
to  complete  such  books  before  being  compelled  to  buy  new 
or  revised  books.  And  at  the  expiration  of  any  contract 
now  in  existence,  or  which  may  hereafter  be  made  by  the 
state  board  of  school  book  commissioners,  for  furnishing 


316  SCHOOL    LAW    OF    INDIANA. 

books  for  use  in  the  common  schools  of  the  state  of  Indiana, 
the  books  then  in  use  in  the  common  schools  of  this  state 
under  such  contract  or  contracts  shall  be  continued  in  use 
therein  at  the  same  price  and  upon  the  same  terms  and  con- 
ditions until  such  time  or  times  as  the  state  board  of  school 
book  commissioners  shall  determine  that  a  revision  thereof 
is  necessary  for  the  best  interests  of  the  schools,  when  such 
revision  shall  be  made,  or  a  new  book  contracted  for  and 
introduced  for  use  in  the  schools  as  hereinbefore  specified : 
Provided,  That,  at  the  expiration  of  any  such  contract,  the 
state  board  of  school  book  commissioners  shall  require  such 
contractor  or  contractors  furnishing  such  books  to  execute 
a  new  bond,  conditioned  that  they  will  continue  to  execute 
such  contract  in  all  regards  as  they  had  theretofore  exe- 
cuted the  original  contract:  Provided,  further,  That  noth- 
ing herein  contained  shall  be  construed  as  restraining  or 
preventing  said  state  board  of  school  book  commissioners, 
after  any  such  school  book,  or  any  such  revised  book,  shall 
have  been  in  use  in  the  schools  of  the  state  for  a  period  of 
five  years,  from  proposing  to  the  contractor  furnishing  the 
same,  such  reduction  in  the  price  at  which  such  book  or  re- 
vised book  shall  be  continued  in  use  in  the  schools  for  the 
next  ensuing  five  years,  as,  in  the  judgment  of  said  board, 
may  seem  reasonable.  If  such  contractor  shall  accede  to 
such  proposed  reduction,  then  the  price  of  such  book  or  re- 
vised book  shall,  for  such  ensuing  period  of  five  years,  be 
fixed  at  the  original  contract  price  thereof,  less  the  amount 
of  the  reduction  so  agreed  upon,  and  such  price  shall  be 
printed  on  the  back  of  said  book,  as  now  required  by  law. 
In  event  said  contractor  shall  not  be  willing  to  accede  to 
such  terms,  the  said  board  may  appoint  a  disinterested  per- 
son, conversant  with  such  matters,  and  require  the  said  con- 
tractor to  select  another  such  person,  and  the  two  so  chosen 
shall  select  a  third,  and,  thereupon,  the  three  so  chosen  shall 
inquire  into  and  consider  what,  if  any,  reduction  ought  to 
be  made  in  the  price  at  which  such  book  or  revised  book 
should  be  furnished  for  use  in  the  schools  of  the  state  for  the 
next  ensuing  period  of  five  years,  and  if  they  shall  deter- 
mine that  any  such  reduction  ought  to  be  made,  they  shall 


SCHOOL    LAW    OK    TXDTANA.  317 

fix  the  amount  of  such  reduction,  and  shall  certify  to  the 
said  board  and  to  such  contractor  their  determination  in 
that  behalf,  and  thereupon,  if  said  contractor  shall  accede 
to  the  price  thus  arrived  at,  the  price  of  said  book  for  the 
next  ensuing  five  years  shall  be  fixed  at  that  sum,  and  the 
same  shall  be  printed  on  the  back  of  such  books,  as  now  pro- 
vided by  law.  and  said  contractor  shall  be  required  to  fur- 
nish the  same  at  such  price;  but  otherwise,  in  all  regards 
under  the  provisions  of  this  act  and  acts  to  which  it  is  sup- 
plemental. But  if  such  contractor  shall  decline  to  accede  to 
such  price  thus  arrived  at,  then  such  board  shall  have  the 
right,  in  their  discretion,  to  proceed  to  advertise  for  bids  to 
furnish  a  book  in  the  place  thereof;  and,  in  so  doing,  and  in 
all  subsequent  steps  therein,  they  shall  proceed  in  accord- 
ance with  the  provisions  of  this  act  and  of  the  acts  to  which 
it  is  supplemental:  And,  provided  further,  That  nothing  in 
this  act  contained  shall  be  construed  to  prevent  the  state 
board  of  school  book  commissioners  from  exercising  their 
discretion  in  deciding  whether  they  shall  order  any  of  the 
books  already  in  use  under  contract  to  be  revised,  or  wheth- 
er, instead,  they  shall  advertise  for  books  to  be  adopted  in- 
stead of  said  books  already  in  use.  (R.  8.  1908,  §6367.) 

522.    Intermediate  grammar  or  language  lessons.    11.  If, 

in  the  opinion  of  the  state  board  of  school  book  commis- 
sioners, an  intermediate  grammar  or  language  lessons  is 
needed  for  the  better  teaching  of  such  branch  of  study,  in- 
stead of  a  revision  of  the  series  of  grammars  now  in  use,  it 
shall  then  be  lawful  for  such  board  to  provide  for  such  in- 
termediate book,  and  for  that  purpose  shall  proceed,  as  now 
provided  by  law,  to  advertise  for  proposals  to  furnish  such 
book,  requiring  bond  in  such  sum  as  they  deem  sufficient  to 
insure  the  compliance  with  such  proposals,  consider  such 
proposals  and  contract  for  such  book:  Provided,  however, 
That  such  intermediate  grammar  shall  be  equal  in  quality 
as  to  material,  style  of  binding  and  mechanical  execution 
to  Long's  Lessons  in  English,  and  in  subject  matter  shall 
embrace  not  less  than  110  pages,  and  shall  be  adapted  to 
follow  in  sequence  to  that  of  the  language  lessons  book  of 


318  SCHOOL    LAW    OF    INDIANA. 

said  series  now  in  use,  and  to  be  properly  introductory  to 
the  matter  contained  in  the  complete  book  of  the  series  as 
now  adopted;  and  if  revision  of  the  grammar  now  in  use 
should  be  determined  upon  by  the  state  board  of  school 
book  commissioners,  then  such  modification  shall  be  made 
of  each  or  either  of  the  books  now  constituting  said  course 
in  grammar  as  shall  adapt  them  more  perfectly  to  use  in  the 
same  series,  and  as  shall  cover  more  perfectly  the  entire 
subject  matter  necessary  to  a  complete  education  in  this 
branch  of  learning.  And  said  intermediate  grammars  shall 
not  be  sold  to  patrons  or  pupils  of  the  public  schools  of  this 
state  at  a  price  above  or  in  excess  of  twenty  cents  each.  (E. 
S.  1908,  §6368.) 

523.  State  board  to  meet — Notice.  12.  For  the  purpose 
of  determining  what  book  or  books,  if  any,  may  need  revi- 
sion, or  whether  an  intermediate  grammar  is  needed,  the 
state  board  of  school  book  commissioners  shall  meet  on  the 
first  Monday  of  April,  1893,  and  shall  then  and  there  make 
such  inquiry  and  examination  of  books  then  in  use  under 
contract  with  the  state  as  shall  enable  them  to  determine 
upon  the  propriety  of  ordering  any  such  revision  or  inter- 
mediate book  or  language  lessons.    And  such  board  shall, 
within  sixty  days  thereafter,  determine  and  give  notice  to 
the  contractors  of  any  and  all  revisions  that  shall  be  re- 
quired to  be  made  before  the  time  of  the  expiration  of  the 
existing  contract  for  any  such  book  or  books.     (R.  S.  1908, 
§6369.) 

[1905,  p.  163.    Approved  March  4,  1905.) 

524.  Frequency  of  revision.  13.  In  no  case  shall  any  re- 
vision be  required  of  any  book  or  books  used  in  the  com- 
mon schools  of  this  state  oftener  than  once  in  every  ten 
years,  except  copy  books,  histories  and  geographies,  and  all 
contracts  for  furnishing  said  books  except  histories,  copy 
books  and  geographies,  shall  be  for  a  period  of  ten  years, 
and  contracts  for  furnishing  histories,  copy  books  and  geog- 
raphies shall  be  for  a  period  of  five  years :    Provided,  That 
this  act  shall  not  be  construed  to  extend  or  affect  any  exist- 


SCHOOL    LAW    OF    INDIANA.  319 

ing  contract:  AncL  provided  further,  That  the  state  board 
of  school  book  commissioners  shall  have  the  right,  by  a 
vote  of  two-thirds  of  its  members,  to  cancel  the  contract  for 
the  use  of  any  school  book  at  the  expiration  of  five  years, 
if  satisfied  that  the  use  of  said  book  would  not  be  for  the 
best  interests  of  the  schools  of  the  state.  (K.  S.  1908, 
§6370.) 

[1893,  p.  165.    Approved  March  1,  1893.1 

525.  Standard    of   revision  —  Contractor's    bond.      14. 

Whenever  any  book  or  series  of  books  shall  be  revised  by 
order  of  the  state  i3oard  of  school  commissioners  such  book 
or  books  when  conipleted  and  ready  for  use  in  the  schools, 
shall  be  equal  in  every  respect  to  the  standard  now  fixed  by 
law,  as  to  subject  matter,  material,  style  of  binding,  and 
mechanical  execution.  And  said  state  board,  when  con- 
tracting for  any  such  revision,  shall  require  the  contractor 
or  contractors  to  enter  into  a  written  agreement  for  the  fur- 
nishing of  such  books,  and  to  execute  bond  with  resident 
freehold  sureties  to  the  acceptance  of  the  governor  of  this 
state  for  the  faithful  compliance  with  their  contract,  such 
bond  to  be  in  such  amount  as  said  board  shall  deem  suffi- 
cient for  the  purposes  contemplated.  (R.  S.  1908,  §6371.) 

526.  Appropriation.    15.    The  sum  of  one  thousand  dol- 
lars is  hereby  appropriated  out  of  any  funds  in  the  state 
treasury  not  otherwise  appropriated  for  the  purpose  of  pay- 
ing costs  and  expenses  incident  to  the  giving  of  notices 
herein  provided  for  by  said  state  board  of  school  book  com- 
missioners, and  to  pay  the  expenses  of  the  state  superin- 
tendent of  public  instruction  incurred  in  the  distribution  of 
this  act,  and  of  the  acts  to  which  this  is  supplemental,  as 
herein  required,  and  to  carry  out  the  provisions  of  this  act. 
(E.  S.  1908,  §6372.) 

527.  New  bond.    16.    If  at  any  time  the  state  board  of 
school  book  commissioners  shall  find  that  the  bond  of  any 
contractor,  contracting  to  furnish  books  for  use  in  the  com- 
mon schools  of  the  state  of  Indiana,  under  this  act,  or  the 


320 


SCHOOL    LAW    OF    INDIANA. 


acts  to  which  it  is  supplemental,  has  become  insufficient  to 
secure  the  faithful  performance  of  such  contract,  or  from 
any  other  reason  become  inoperative,  they  shall  have  the 
right  to  require  such  contractor  to  execute  a  new  and  suffi- 
cient bond  to  secure  the  faithful  execution  of  such  contract. 
And  upon  failure  of  any  such  contractor  to  furnish  such 
new  bond  within  thirty  days  after  being  so  required  by  said 
board,  the  said  board  shall  give  notice  thereof  to  the  attor- 
ney-general of  the  state  of  Indiana,  who  shall  immediately 
upon  receipt  of  such  notice  bring  suit  to  procure  the  cancel- 
lation of  such  contract  of  such  contractor  so  refusing.  And 
service  of  summons  in  such  cause  upon  the  agent  of  such 

contractor  in  the  state  of  Indiana  shall  be  deemed  and  held 

i 

to  be  sufficient  service  upon  the  contractor;  and  in  such  case 
the  attorney-general  shall  receive  a  reasonable  fee  for  the 
prosecuting  of  such  action.  (R.  S.  1908,  §6373.) 

528.  State  superintendent's  duty.  17.  It  shall  be  the 
duty  of  the  state  superintendent  of  public  instruction,  im- 
mediately upon  the  passage  of  this  act,  to  cause  to  be  print- 
ed a  sufficient  number  of  copies  thereof,  as  well  also  of  the 
acts  referred  to  in  the  first  section  hereof,  to  furnish  each 
county  superintendent,  school  trustee  and  member  of  school 
boards  in  the  state  of  Indiana,  with  one  copy  thereof,  and 
promptly  to  distribute  the  same  to  such  school  officers 
through  the  county  superintendents.  (R.  S.  1908,  §6374.) 

529;  Act  supplemental.  18.  This  act  shall  be  construed 
as  supplementary  to  the  acts  referred  to  in  the  first  section 
hereof,  and  said  former  acts  are  continued  in  full  force  and 
effect,  except  so  far  as  modified  by  the  provisions  of  this 
act.  (R.  S.  1908,  §6375.) 

1.  APPROPRIATION.  In  1899  $1,000  was  appropriated  to  carry  out 
the  provisions  of  the  school  book  law.  Acts  1899,  p.  25.  In  1901  $1,000 
was  appropriated  annually.  In  1903  $1,000  was  appropriated.  Acts  1903, 
p.  370. 

[1903.  p.  117.    Approved  February  28, 1903.] 

530.  Reading-  primer.  1.  The  state  board  of  school  book 
commissioners  is  hereby  authorized  to  secure  and  adopt  a 


SCHOOL     LAW    OF    INDIANA. 


321 


school  reading  primer  to  be  used  in  the  public  schools  of 
Indiana,  and  to  precede  the  readers  now  authorized  by  law 
to  be  adopted  by  said  board.  (R.  S.  1908,  §6321.) 

531.  Price.    2.    The  contract  price  of  said  primer  to  pu- 
pils in  the  schools  of  the  state  shall  not  exceed  ten  cents 
per  copy.    (R,  S.  1908,  §6322.) 

532.  Old  laws  applicable.    3.    All  laws  and  parts  of  laws 
now  in  force  and  relating  to  contracts,  manner  of  adopting, 
revisions,  bonds,  notices  and  records,  or  otherwise  referring 
to  the  selecting,  contracting,  handling  and  use  of  text-books 
for  use  in  the  public  schools  of  Indiana,  shall  guide  and 
control  the  state  board  of  school  commissioners  and  other 
school  officers  in  the  discharge  of  their  duties  in  the  selec- 
tion, adoption,  handling  and  use    of   said   school  reading 
primer.     (R.  S.  1!M)K, 


533.  Use  in  cities  of  5,000.    4.    The  use  of  any  school 
reading  primer  adopted  as  herein  provided  shall  be  optional 
with  school  boards  in  cities  having  a  population  exceeding 
five  thousand  inhabitants.     (R,  S.  1908,  §6324.) 

[1907,  p.  586.    Approved  March  12,  1907.) 

534.  Sale  of  school  books.    1.    On  and  after  the  taking 
effect  of  this  act  every  contract  made  by  the  state  board  of 
education  as  a  state  board  of  school  book  commissioners  for 
furnishing  school  books  shall  provide  that  the  county  super- 
intendent of  schools  in  each  county  of  the  state  shall  ap- 
point some  dealer  or  merchant  within  the  county  to  act  as  a 
depository  for  the  sale  and  distribution  of  school  books  con- 
tracted for  by  such  board  of  school  book  commissioners, 
and  he  shall  contract  with  said  dealer  or  merchant  to  carry 
a  sufficient  supply  of  said  adopted  books  to  supply  the  trade 
in  the  county,  and  to  sell  the  £ame  at  contract  price,  ex- 
cept to  other  dealers  and  merchants  within  the  county,  to 
whom  he  shall  sell  the  books  for  cash  at  a  discount  of  10 
per  cent,  from  the  contract   price.     The    said    depository 

[21—27277] 


322  SCHOOL    LAW    OF    INDIANA. 

merchant  or  dealer  shall  also  contract  with  said  county 
superintendent  to  furnish  to  each  publisher  holding  a  con- 
tract with  the  state  of  Indiana  under  this  act,  satisfactory 
evidence  of  his  financial  responsibility,  or  furnish  a  surety 
bond  covering  the  estimated  amount  of  sales  to  be  made  by 
him  in  any  year,  whereupon  the  said  contractor  or  pub- 
lisher shall  sell  to  said  dealer  all  books  ordered  by  him  at 
a  discount  of  15  per  cent,  from  the  contract  price:  Pro- 
vided, That  said  school  book  depository  shall  pay  cash  to 
the  contractor  or  publisher  for  all  books  received  within 
sixty  days  of  the  date  of  shipment  of  such  books :  Provided, 
That  the  contractor  shall  pay  all  transportation  charges  to 
the  nearest  railroad  or  river  station  to  said  depository.  It 
shall  be  the  duty  of  said  depository  annually  in  July  to 
ascertain  from  the  county  superintendent  and  local  dealers 
the  probable  number  of  books  that  will  be  needed  to  supply 
the  schools  for  the  ensuing  year,  and  upon  receipt  of  this 
information  he  shall  order  said  books  on  or  before  the  first 
day  of  August  in  each  year;  and  upon  the  receipt  of  such 
books  he  shall  immediately  notify  the  local  dealers  and 
merchants,  desirous  of  handling  such  books.  (R.  S.  1908, 
§6355.) 

535.  Proclamation  by  governor.     2.    Upon  the  expira- 
tion of  the  last  contract  for  school  books  now  in  force,  the 
governor  shall  make  proclamation  that  it  is  no  longer  the 
duty  of  school  officers  to  deal  in  school  books,  a 'copy  of 
which  proclamation  shall  be  mailed  by  the  state  superin- 
tendent of  public  instruction  to  each  county  superintendent 
throughout  the  state;  and  from  and  after  such  proclamation 
it  shall  be  unlawful  for  any  school  officer,  trustee,  commis- 
sioner or  superintendent  to  deal  in  school  books  in  his 
official  capacity,  and  no  part  of  the  expense  of  dealing  in 
such  books  shall  be  borne  by  any  school  officer  or  corpora- 
tion.   (R.  S.  1908,  §6356.) 

536.  Existing  contracts.     3.     Nothing  in  this  act  shall 
prevent  those  who  now  hold  contracts  with  the  state  of  In- 
diana for  furnishing  school  books  from  taking  advantage 


SCHOOL    LAW    OF    INDIANA.  323 

of  this  act  before  the  expiration  of  such  contracts,  and  when 
any  contractor  shall  so  elect  he  shall  immediately  notify 
the  state  superintendent  of  public  instruction,  who  shall 
notify  all  county  school  book  depositories  that  thereafter 
their  orders  shall  include  the  books  so  transferred.  (R.  S. 
1908,  §6357.) 

[1907,  p.  143.    Approved  March  2,  1907.  | 

537.  Sale  of  school  books  in  counties  where  no  deposi- 
tory merchant  can  be  procured.  1.  Every  contract  here- 
after made  by  the  state  board  of  education  as  a  state  board 
of  school  commissioners  for  furnishing  school  books  shall 
proyide  that  such  school  books  contracted  for  shall  be  de- 
livered in  every  school  corporation  in  the  state  in  which 
they  may  be  required,  and  shall  there  be  placed  on  sale  at 
retail  toy  some  local  tradesman  to  all  school  children  at 
prices  named  in  the  accepted  bid,  such  sale  to  be  made  with- 
out expense  to  the  state  or  any  school  corporation:  Pro- 
vided, That  the  maximum  rate  of  commission  which  the 
contractor  may  be  compelled  to  pay  shall  not  exceed  in  the 
aggregate  ten  per  centum  of  the  contracted  price  of  such 
books.  In  case  any  contractor,  under  the  provisions  of  this 
act,  can  not  contract  with  a  responsible  person,  firm  or  as- 
sociation to  distribute  the  books  to  any  school  or  schools  in 
the  State  of  Indiana  for  the  said  maximum  commission, 
then  such  contractor  shall,  on  or  before  the  first  day  of 
August  of  any  year  notify  the  township  trustee  or  president 
of  the  school  board  maintaining  such  school  or  schools  of 
such  failure  to  contract  for  the  distribution  of  books  to  such 
school  or  schools.  It  shall  then  become  the  duty  of  such 
township  trustee  or  president  of  such  school  board  to  cause 
the  superintendent  or  principal  of  such  school  or  schools  to 
forward  to  such  contractor  at  least  twenty  days  before  the 
time  set  for  the  opening  of  such  school  or  schools,  an  esti- 
mate of  the  quantity  of  books  required  for  use  in  such 
school  or  schools.  Such  estimated  orders  shall  be  repeated 
from  time  to  time  as  may  be  necessary  to  keep  the  students 
thereof  fully  supplied  with  books.  Such  township  trustee 
or  board  of  school  trustees  shall  offer  such  books  for  sale  to 


324  SCHOOL    LAW    OF    INDIANA. 

the  students  in  such  school  or  schools  at  the  price  con- 
tracted for  by  the  state  board  of  school  book  commissioners, 
and  shall  become  responsible  to  the  contractor  for  pay- 
ment for  all  books  so  ordered.  The  contractor  shall  fill  all 
such  orders  at  the  prices  and  under  the  terms  stipulated  in 
the  contract  with  the  state  board  of  school  book  commis- 
sioners within  live  days  of  the  receipt  thereof,  and  forward 
the  books  by  express  prepaid. 

Upon  the  expiration  of  the  last  contract  for  school  books 
now  in  existence,  the  governor  shall  make  proclamation 
that  it  is  no  longer  the  duty  of  school  officers  to  deal  in 
school  books,  except  as  herein  provided,  a  copy  of  which 
proclamation  shall  be  mailed  by  the  state  superintendent  of 
public  instruction  to  each  county  superintendent  through- 
out the  state;  and  from  and  after  such  proclamation,  it  shall 
be  unlawful  for  any  school  officer,  trustee,  commissioner  or 
superintendent  to  deal  in  school  books  in  his  official  ca- 
pacity, and  no  part  of  the  expense  of  dealing  in,  distribut- 
ing or.  re  turn  of  school  books  to  contractors  shall  be  borne 
by  any  school  officer  or  corporation.  All  laws  in  conflict 
herewith  are  hereby  repealed.  (H,  S.  1908,  §6353.) 


SCHOOL    LAW    OF    INDIANA. 


325 


CHAPTER  XIX. 

COMPULSORY  EDUCATION. 


SEC. 

538.  Compulsory    attendance— Ase— -Blind 

deaf. 

539.  Truancy  board — Truancy  officers. 

540.  Truant  officers  in  cities  and  towns. 

541.  Compensation. 

542.  Reports. 

543.  Poor  children — Assistance. 

544.  Parental  home— Incorrigible  child. 


and 


545.  Confirmed  truant. 

546.  Tax. 

547.  Enumeration  of  children. 

548.  Names  of  children  furnished  truant  officer. 

549.  Schools — Eleemosynary  institutions. 

550.  Compulsory  education  of  dependent  chil- 

dren. 


[1901,  p.  470.    Approved  March  11,  1901.] 

538.  Compulsory  attendance — Age — Blind  and  deaf.  1. 
That  every  parent,  guardian  or  other  person  in  the  State  of 
Indiana,  having*  control  or  charge  of  any  child  or  children 
between  the  ages  of  seven  (7)  and  fourteen  (14)  years,  in- 
clusive, shall  be  required  to  send  such  child  or  children  to  a 
public,  private  or  parochial  school  or  two  or  more  of  these 
schools  each  school  year  for  a  term  or  period  of  not  less  than 
that  of  the  public  school  corporation  where  the  child  or 
children  resides:  Provided,  further,  That  no  child  in  good 
mental  and  physical  condition  shall  for  any  cause,  any  rule 
or  law  to  tlio  contrary,  be  precluded  from  attending  school, 
when  such  school  is  in  session:  Provided,  further,  That  this 
act  shall  apply  to  any  blind  or  deaf  child  or  children  be- 
tween the  ages  of  eight  (8)  and  sixteen  (16)  years  who  are 
either  totally  blind,  deaf  or  whose  vision  or  hearing  is  so 
defective  that  they  are  unable  to  secure  an  education  by 
sight  or  hearing:  And  provided,  further,  That  in  case  of  a 
child  who  is  blind  or  deaf  or  whose  vision  or  hearing  is  so 
defective  that  he  or  she  is  unable  to  secure  an  education  by 
sight  or  hearing,  such  child  shall  be  required  to  attend  the 
Indiana  School  for  the  Blind  or  the  Indiana  State  School  for 
the  Deaf:  Provided,  further,  That  applications  for  admis- 
sion of  all  such  children  shall  be  made  out  in  the  usual  form 
and  passed  upon  by  the  board  of  trustees  of  the  said  schools 
respectively,  and  that  no  child  shall  be  permitted  to  enter 


326 


SCHOOL    LAW    OF    INDIANA. 


said  school [s]  until  the  application  has  been  accepted  by 
said  board  of  trustees,  and  in  case  any  child  shall  have  been 
rejected  by  said  board  of  trustees  no  penalty  under  the  act 
shall  rest  against  the  parent,  guardian  or  other  person  for 
the  non-attendance  of  such  child.  (R.  S.  1908,  §6675,  as 
amended,  1909,  p.  351.) 

539.  Truancy  board — Truancy  officers.    2.    The  county 
board  of  education  of  each  county  shall  constitute  a  board 
of  truancy  whose  duty  it  shall  be  to  appoint  on  the  first 
Monday  in  May  of  each  year  one  truant  officer  in  each 
county.    Such  truant  officer  shall  take  his  office  on  the  first 
day  of  the  following  August.     He  shall  see  that  the  pro- 
visions of  this  act  are  complied  with,  and  when,  from  per- 
sonal knowledge  or  by  report  or  complaint  from  any  resi- 
dent or  teacher  of  the  township  under  his  supervision,  he 
believes  that  any  child  subject  to  the  provisions  of  this  act 
is  habitually  tardy  or  absent  from  school  he  shall  immedi- 
ately give  written  notice  to  the  parent,  guardian  or  cus- 
todian of  such  child  that  the  attendance  of  such  child  at 
school  is  required,  and  if  within  five  (5)  days  such  parent, 
guardian  or  custodian  of  said  child  does  not  comply  with 
the  provisions  of  this  section,  then  such  truant  officer  shall 
make  complaint  against  such  parent,  guardian  or  custodian 
of  such  child  in  any  court  of  record  for  violation  of  the  pro- 
vision of  this  act:    Provided,  That  only  one  notice  shall  be 
required  for  any  child  in  any  one  year.    Any  such  parent, 
guardian  or  custodian  of  child  who  shall  violate  the  pro- 
vision of  this  act  shall  be  adjudged  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  in  any  sum  not 
less  than  five  dollars  ($5.00)  nor  more  than  twenty-five  dol- 
lars ($25.00),  to  which  may  be  added,  in  the  discretion  of 
the  court,  imprisonment  in  the  county  jail  not  less  than  two 
nor  more  than  ninety  days.    (R.  S1.  1908,  §6676,  as  amended, 
1909,  p.  34.) 

540.  Truant  officers  in  cities  and  towns.    3.    A  city  hav- 
ing a  school  enumeration  of  five  thousand  or  more  children, 
or  two  or  more  cities  and  towns  in  any  county  naving  a 


SCHOOL    LAW    OF    INDIANA.  327 

combined  school  enumeration  of  five  thousand  or  more, 
may,  in  the  discretion  of  the  county  board  of  truancy,  con- 
stitute a  separate  district  for  the  administration  of  this  act. 
Cities  containing  a  school  enumeration  of  ten  thousand  chil- 
dren or  less  shall  have  but  one  truant  officer.  Cities  con- 
taining a  school  enumeration  of  more  than  ten  thousand 
and  less  than  twenty  thousand  children  shall  have  two 
truant  officers.  Cities  containing  a  school  enumeration  of 
twenty  thousand  and  less  than  thirty  thousand  children 
shall  have  three  truant  officers.  Cities  containing  a  school 
enumeration  of  thirty  thousand  and  less  than  forty  thou- 
sand children  may  have  four  truant  officers.  Cities  con- 
taining a  school  enumeration  of  more  than  forty  thousand 
children  may  have  five  truant  officers  to  be  selected  by  the 
board  of  school  commissioners.  The  truant  officers  of  cities 
and  such  separate  districts  shall  enforce  the  provisions  of 
this  act  in  the  manner  and  under  such  penalties  as  are  pre- 
scribed by  section  2  of  this  act.  Truant  officers  of  cities 
mentioned  in  this  section  shall  be  appointed  by  the  board 
of  school  trustees  or  board  of  school  commissioners,  re- 
spectively, of  the  city.  (R,  S.  1908,  §6677.) 

541.  Compensation.  4.  The  truant  officers  provided 
for  in  this  act  shall  receive  from  the  county  treasury 
two  [dollars]  ($2)  for  each  day  of  actual  service,  to 
be  paid  by  the  county  treasurer  upon  warrant  signed 
by  the  county  auditor:  Provided,  That  no  county  audi- 
tor shall  issue  a  warrant  upon  the  county  treasurer  for 
such  service  until  the  truant  officer  shall  have  filed  an  item- 
ized statement  of  time  employed  in  such  service;  and  such 
statement  shall  have  been  certified  to  by  the  superintend- 
ent or  superintendents  of  schools  of  the  corporation  or  cor- 
porations in  which  such  truant  officer  is  employed  and  such 
claim  have  been  allowed  by  the  board  of  county  commis- 
sioners: Provided,  further,  That  no  truant  officer  shall  re- 
ceive pay  for  more  days  than  the  average  length  of  school 
term,  in  the  county,  cities  or  towns  under  his  supervision. 
(R.  S.  1908,  §6678.) 

1.     NOTE.     Sec  Board  v.  Marr,  22  Ind.  App.  539. 


328  SCHOOL    LAW    OF    INDIANA. 

542.  Reports.     5.     All  school  officers  and  teachers  are 
hereby  required  to  make  and  furnish  all  reports  that  may 
be  required  by  the  superintendent  of  public  instruction,  by 
the  board  of  state  truancy  or  the  truant  officer,  with  refer- 
ence to  the  workings  of  this  act.    (E.  S.  1908,  §6679.) 

543.  Poor  children — Assistance.  6.  If  any  parent,  guar- 
dian or  custodian  of  any  child  or  children  is  too  poor  to 
furnish  such  child  or  children  with  the  necessary  books  and 
clothing  with  which  to  attend  school,  then  the  school  trus- 
tee of  the  township,  or  the  board  of  school  trustees  or  com- 
missioners of  the  city  or  incorported  town  where  such  par- 
ent, guardian  or  custodian  resides  shall  furnish  temporary 
aid  for  such  purpose,  to  such  child  or  children,  which  aid 
shall  be  allowed  and  paid  upon    the    certificate    of    such 
officers   by   the    board  of   county    commissioners    of    said 
county.    Such  township  trustee,  or  board  of  school  trustees, 
or  commissioners  shall  at  once  make  out  and  file  with  the 
auditor  of  the  county  a  full  list  of  the  children  so  aided,  and 
the  board  of  county  commissioners  at  their  next  regular 
meeting,  shall  investigate  such  cases  and  make  such  provi- 
sion for  such  child  or  children  as  will  enable  them  to  con- 
tinue in  school  as  intended  by  this  act.    (R.  S.  1908,  §6680.) 

1.  NOTE.     See    Shelby    County    Council  v.  State,  155  Ind.  210;  same 
case,  57  N.  E.  Rep.  712. 

2.  Po\\  KB  TO  CONTRACT.    The  above  section  does  not  vest  any  power 
in  the  school  board  to  contract  A  debt  on  'behalf  of  the  county  in  favor  of 
third  persons  for  supplies  furnished. — Board  v.  Falk,  20  Ind.  App.  083: 
05  N.  E.  Rep.  10. 

3.  AID.     It  is  the  duty  of  school  boards  to  furnish  poor  children  of 
their  corporation  with  books  and  clothing. 

544.  Parental   home  —  Incorrigible   child.     7.     School 
commissioners,  trustees  and  boards  of  trustees  are  empow- 
ered to  maintain,  either  within  or  without  the  corporate 
limits  of  their  corporations,  a  separate  school  for  incor- 
rigible and  truant  children.     Any  child  or  children  who 
shall  be  truant  or  incorrigible  may  be  compelled  to  attend 
such  separate  school  for  an  indeterminate  time.     (R.  S. 
1908,  §6681.) 


SCTTOOr,    LAW    <>F    INDIANA.  329 

545.  Confirmed  truant.    8.    Any  child  who  absents  itself 
from  school  habitually  may  be  adjudged  a  confirmed  truant 
by  the  truant  officer  and  superintendent  of  the  schools  of 
the  county  or  city.     Such  confirmed  truant  may  be  sen- 
tenced by  the  judge  of  the  circuit  court  to  the  reform  school 
for  boys,  if  a  boy,  or  the  industrial  school  for  girls,  if  a  girl, 
provided  its  age  is  within  the  limits  set  for  admission  to 
such  institution.    If  deemed  advisable  by  said  judge,  such 
incorrigible  child  or  children  may  be  sent  to  such  other 
custodial  institution  within  the  state  as  may  be  designated 
by  him.    For  its  maintenance  in  such  custodial  institution, 
the  school  corporation  in  which  it  resides  shall  pay  at  the 
legal  rate  for  supporting  dependent  children,  twenty-five 
cents  (25c)  per  day,  with  such  expenses  of  transportation 
as  arc  necessary.    (R.  8. 1908,  §6682.) 

546.  Tax.     9.     For  the  defraying  of  the  increased  ex- 
penditure necessary  for  the  carrying  out  of  the  purposes  of 
this  act  trustees  of  school  townships,  boards  of  school  trus- 
tees or  commissioners  of  cities  and  towns  and  boards  of 
school  commissioners  are  hereby  empowered  to  levy  in  ad- 
dition to  any  and  all  sums  heretofore  provided  by  law,  any 
amount  of  special  school  revenue  not  exceeding  ten  (lOc) 
cents  on  the  hundred  ($100)  dollars  of  taxable  property, 
such  taxes  to  be  levied  and  collected  as  all  other  special 
school  revenue.    (R.  8.  1908,  §6683.) 

547.  Enumeration  of  children.     10.    In  order  that  the 
provisions  of  this  act  may  be  more  definitely  enforced  it  is 
hereby  provided  that  the  enumerators  of  school  children  in 
taking  the  annual  school  census  shall  ascertain  and  record 
the  place  and  date  of  birth  of  every  child  enumerated,  and 
the  parent,  guardian  or  custodian  of  such  child  shall  sub- 
scribe and  take  oath  or  affirmation  that  such  record  is  true. 
The  enumerator  is  hereby  empowered  to  administer  such 
oath  or  affirmation,  and  any  parent,  guardian  or  custodian 
of  any  child  who  shall  refuse  to  take  such  oath  or  affirma- 
tion shall  be  adjudged  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  any  sum  not  less  than  one 
dollar  ($1.00).     (R.  S.  1908,  §6684.) 


330 


SCHOOL    LAW    OF    INDIANA. 


548.  Names  of  children  furnished  truant  officer.     11. 
On  the  first  day  of  school  the  trustees,  boards  of  trustees, 
or  commissioners  of  school  corporations,  shall  furnish  the 
truant  officer  with  the  names  of  the  children  of  compulsory 
age  who  are  enumerated  on  the  regular  enumeration  lists. 
These  names  shall  be  alphabetically  arranged  and  shall  give 
all  the  information  contained  in  the  regular  enumeration 
returns.    The  county  commissioners  shall  provide  necessary 
postage  and  such  blanks  as  may  be  required  by  the  state 
board  of  truancy  or  the  state  superintendent  of  public  in- 
struction.    (K,  8.  1908,  §6685.) 

[1911,  p.  332.    Approved  March  4,   1911.] 

549.  Schools — Eleemosynary  institutions.     1.     That  no 
person,  firm  or  corporation  operating  or  conducting  a  cor- 
rectional, charitable,  benevolent  or  educational  institution 
or  training  school  in  the  State  «€  Indiana,  shall  be  permitted 
to  receive  any  child  over  the  age  of  six  years  and  under  the 
age  of  twenty-one  years  a-s  an  inmate  of  such  institution  or 
training  school,  which  child^is  being  educated  by  any  city, 
town  or  township  school  corporation  of  the  State  of  Indi- 
ana, unless  a  school  transfer  issued  by  the  proper  school 
officer  accompanies  the  admission  of  such  child.  Such  trans- 
fer to  be  binding  on  the  school  corporation  issuing  the  same 
so  long  as  such  child  remains  in  such  institution  or  training 
school. 

550.  Compulsory  education  of  dependent  children.     2. 
Any  person,  firm  or  corporation  operating  or  conducting  a 
correctional,  charitable,  benevolent  or  educational  institu- 
tion or  training  school,  in  the  State  of  Indiana,  failing  to 
send  any  child  of  school  age  to  school  who  is  not  physically 
or  mentally  disqualified,  and  who  is  not  sick,  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  fined  in  any 
sum  not  less  than  five  dollars  and  not  more  than  twenty-five 
dollars  ($25.00),  for  each  and  every  offense  and  each  day 
any  child  is  wilfully  kept  from  school  during  the  school 
term,  shall  be  considered  a  separate  offense  under  the  pro- 
visions of  this  act. 


SCHOOL    LAW    OF    TNDIANA. 


331 


CHAPTER  XX. 

STATE  NORMAL  SCHOOL. 


SEC. 

551.  Established. 

552.  Trustees — Corporate  name. 

553.  Term  of  office — Vacancies. 

554.  Organization — Officers. 

555.  Donations. 

556.  Location. 

557.  Contract  for  building. 

558.  Model  school. 

559.  Duty  of  Trustees. 


Sac. 
560. 
561. 
562. 
563. 
564. 


Conditions  of  admission. 

Tuition  fee. 

Principal  of  management. 

Report. 

Board  of  Visitors. 


565.  Certificates — Diplomas. 

566.  Pay  of  Trustees. 

567.  Pay  of  Treasurer  and  Agent. 


[1865,  p.  140.    Approved  December  20,  1865.] 

551.  Established.     1.     There  shall  be  established  and 
maintained,  as  hereinafter  provided,  a  state  normal  school, 
the  object  of  which  shall  be  the  preparation  of  teachers  for 
teaching  in  the  common  schools  of  Indiana.     (R.  S.  1908, 
§6686.) 

0 

552.  Trustees — Corporate  name.    2.    In  order  to  the  es- 
tablishment and  maintenance  of  such  a  school,  the  governor 
shall  appoint,  subject  to  the  approval  of  the  senate,  four 
competent  persons,  who  shall,  in  themselves  and  in  their 
successors,  constitute    a   perpetual   body   corporate,    with 
power  to  sue  and  be  sued,  and  to  hold  in  trust  all  funds  and 
property  which  may  be  provided  for  said  normal  school, 
and  who  shall  be  known  and  designated  as  the  "board  of 
trustees  of  the  Indiana  state  normal  school. "    The  super- 
intendent of  public  instruction  shall  be,  ex  officio,  a  mem- 
ber of  this  board.    (R.  S.  1908,  §6687.) 

553.  Term  of  office — Vacancies.     3.     Two  members  of 
this  board  shall  retire,  as  may  be  determined,  by  lot  or 
otherwise,  in  two  years  after  their  appointment,  and  the 
remaining  two  in  four  years;  whereupon  the  governor,  sub- 
ject to  the  approval  of  the  senate,  shall  appoint,  as  afore- 
said, their  successors  for  a  period  of  four  years.    AD  vacan- 


332  SCHOOL    LAW    OF    INDIANA. 

cies  occurring  in  said  board  from  death,  or  resignation, 
shall  be  filled  by  appointments  made  by  the  governor.  (E. 
S.  1908.  §6688.) 

554.  Organization — Officers.    4.    Said  board  of  trustees 
shall  meet  on  the  second  Tuesday  in  January,  1866,  at  the 
office  of  the  superintendent  of  public  instruction,  and  shall 
organize,  by  electing  one  of  its  number  president,  and  one 
secretary,  each  for  a  term  of  two  years ;  and,  at  this  or  at  a 
subsequent  meeting,  it  shall  elect  some  suitable  person,  out- 
side of  its  number,  as  treasurer,  who  shall,  before  entering 
on  duty,  give  bond  in  such  sum  as  it  may  prescribe.    (E.  S. 
1908,  §6689.) 

555.  Donations.    5.    Said  board  shall,  at  its  first  meet- 
ing, open  books  to  receive,  from  different  parts  of  the  state, 
proposals  for  donations  of  grounds  and  buildings,  or  funds 
for  the  procuring  of  grounds  and  erecting  of  buildings,  for 
said  normal  school.     Also,  it  may,  if  deemed  needful,  at 
this 'or  a  subsequent  meeting,  appoint  one  of  its  number,  or 
other  competent  person,  to  visit  the  different  parts  of  the 
state  and  explain  the  nature   and   object   of   said   normal 
school,  and  to  receive  proposals  of  donations  of  buildings 
and  grounds,  or  of  funds  for  the  same.    (E,  S.  1908,  §6690.) 

556.  Location.   6.   Said  board  shall  locate  said  school  at 
such  place  as  shall  obligate  itself  for  the  largest  donation: 
Provided,  first,  That  said  donation  shall  not  be  less  in  cash 
value  than  fifty  thousand  dollars;  second,  that  such  place 
shall  possess  reasonable  facilities  for  the  success  of  said 
school.    (E,  S.  1908,  §6691.) 

557.  Contract  for  building.   7.   Said  board  shall,  imme- 
diately after  the  selection  of  place  of  location,  proceed  to 
let  a  contract,  or  contracts,  for  the  erection  of  a  building, 
to  the  lowest  responsible  bidder:    Provided,  That  no  mem- 
ber of  the  board  be  a  contractor  for  building,  or  for  fur- 
nishing any  material  therefor.     (E,  S.  1908,  §6692.) 


SCHOOL    LAW    OF    INDIANA. 


333 


558.  Model  school.     8.     Said  'board  shall  organize,  in 
connection  with  the  normal  school,  in  the  same  building 
with  the  normal  school  or  in  a  separate  building,  as  it  shall 
decide,  a  model  school,  wherein  .such  pupils  of  the  normal 
school  as  shall  be  of  sufficient  advancement  shall  be  trained 
in    the    practice    of    organizing,    teaching  ajad  managing 
schools.    (R.  S.  1908,  §6693.) 

559.  Duty  of  trustees.  9.  Said  board  shall  prescribe  the 
course  of  study  for  the  normal  school;  shall  elect  the  in- 
structors and  fix  their  salaries;  and  shall  determine  the  con- 
ditions, subject    to    limitations    hereinafter    specified,    on 
which  pupils  shall  be  admitted   to    the    privileges  of  the 
school.     (R.  S.  1908,  §6694.) 

560.  Conditions  of  admission.    10.    The  following  condi- 
tions shall  be  requisite  to  admission  to  the  privileges  of  in- 
struction in  the  normal  school: 

First.  Sixteen  years  of  age,  if  females,  and  eighteen,  if 
males. 

Second.    Good  health. 

Third.  Satisfactory  evidence  of  undoubted  moral  char- 
acter. 

Fourth.  A  written  pledge  on  the  part  of  the  applicant, 
filed  with  the  principal,  that  said  applicant  will,  so  far  as 
may  be  practicable,  teach  in  the  common  schools  of  Indiana 
a  period  equal  to  twice  the  time  spent  as  a  pupil  in  the 
normal  school;  together  with  such  other  conditions  as  the 
board  may,  from  time  to  time,  impose.  (R.  S.  1908,  §6695.) 

1.  STUDENTS  MUST  SURMIT  TO  RULES.  A  student  is  required  to  submit 
to  any  proper  rule  necessary  for  the  good  government  of  the  institution. — 
State  v.  White,  S2  Iml.  278. 

561.  Tuition  fee.    1 1 .    Tuition  in  the  normal  school  shall 
be  free  to  all  residents  of  Indiana  who  fulfill  the  four  con- 
ditions set  forth  in  the  preceding  section  and  such  other 
conditions  as  the  board  may  require.     (R.  S.  1908,  §6696.) 

562.  Principal  of  management.     12.     A  high  standard 
of  Christian  morality  shall  be  observed  in  the  management 


334  SCHOOT     LAW    OF    INDIANA. 

oi  the  school,  and,  as  far  as  practicable,  inculcated  in  the 
minds  of  the  pupil? ;  yet  no  religious  sectarian  tenets  shall 
be  taught.  (E.  8.  1908.  §6697.) 

563.  Report.     13.     Said  hoard  of  trustees  shall,  bien- 
nially, i:mke  a  report  to  the  legislature,  setting  forth  the 
financial  and  scholastic  condition  of  the  school;  also  make 
such  suggestions  as,  in  their  judgment,  will  tend  to  the 
improvement  of  the  same;  and  in  the  years  in  which  there 
is  no  session  of  the  legislature,  it  shall  make  a  report  of 
the  scholastic  condition  of  the  school  to  the  governor,  on 
or  before  the  first  Monday  in  January.    (E,  S.  1908,  §6698.) 

564.  Board  of  visitors.    14.    The  state  board  of  educa- 
tion shall  appoint,  annually,  in  the  month  of  June,  or  at 
its  first  meeting  thereafter,  a  committee  of  three,  who  shall 
constitute  a  board  of  visitors,  and  shall,  in  a  body  or  by 
one  of  its  number,  visit  said  school  once  during  each  term, 
and  witness  the  exercises  and  otherwise  inspect  the  con- 
dition of  the  school;  and,  by  the  close  of  the  normal  school 
year,  they  shall  make  a  report  to  the  board  oi  trustees,  The 
members  of  said  board  of  visitors  shall  be  allowed  five  dol- 
lars for  each  day's  service  rendered,  and  Ktiso  traveling  ex- 
penses, to  be  paid  out  of  the  state  treasury.     (As  amended, 
1873,  p.  199,  E.  S.  1908,  §6699.) 

[1873,  p.  199,    Approved  March  5,  1873.] 

565.  Certificates — Diplomas.    2.    The  board  of  trustees 
is  authorized  to  grant,  from  time  to  time,  certificates  of  pro- 
ficiency to  such  teachers  as  shall  have  completed  any  of 
the  prescribed  courses  of  study,  and  whose  moral  character 
and  disciplinary  relations  to  the  school  shall  be  satisfac- 
tory.   At  the  expiration  of  two  years  after  graduation,  sat- 
isfactory evidence  of  professional  ability  to  instruct  and 
manage  a  school  having  been  received,  they  shall  be  en- 
titled to  diplomas  appropriate  to  such  professional  degrees 
as  the  trustees  shall  confer  upon    them;    which    diplomas 
shall  be  considered  sufficient  evidence  of  qualification  to 
teach  in  any  of  the  schools  of  this  state.     (E.   S.  1908, 
§6701.) 


SCHOOL    LAW    OF    INDIANA.  335 

[1865,  p.  140.    Approved  December  20,  1965.1 

566.  Pay  of  trustees.    1  6.    The  members  of  the  board  of 
trustees  shall  each  be  allowed  five  dollars  for  each  day's 
service  rendered,  also  traveling  expenses,  to  be  paid  out  of 
thi'  state  treasury.    (E.  R.  1908,  §6703.) 

567.  Pay  of  treasurer  and  agent.    17.    Said  board  shall 
pay  its  treasurer,  and  its  agent,  if  such  be  appointed,  as 
provided  for  in  this  act,  such  sums  for  their  services  as 

shall  he  i-eaooimble  and  just.    (11,  S.  1908,  §6704.) 


336 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XXI. 

ACCREDITED  NORMAL  SCHOOLS. 


tec. 

568.  The  state  board  of  education  a  state  teach- 

er's training  board. 

569.  Courses  of  study. 

570.  Two-year  course. 


SEC. 

571.  Diplomas. 

572.  "Accredited"  school. 

573.  When  "accredited"  denied. 


[1997,  p.  451.    Approved  March  11,  1907.] 

568.  State  teachers'  training  board — Duties.  1.  The 
state  board  of  education,  in  addition  to  its  present  powers 
and  duties,  shall  be  and  is  hereby  constituted  a  state  teach- 
ers '  training  board,  and,  as  such,  is  authorized  and  directed 
to  arrange  for  a  regular  system  of  normal  school  instruc- 
tion throughout  the  state;  to  designate  what  schools  and 
what  professional  departments  in  schools  shall  be  accred- 
ited in  the  state  system  of  normal  school  instruction ;  to  fix 
conditions  upon  compliance  with  which  present  and  future 
schools  and  departments  may  become  accredited  as  a  part 
of  such  system;  to  establish,  inspect,  pass  upon  and  ap- 
prove, reject,  alter,  amend  or  enlarge  courses  of  study  and 
teaching  in  the  several  accredited  normal  schools  and  the 
accredited  professional  departments  in  schools  of  the  state; 
and  to  determine  upon  credits  to  be  allowed  for  the  work 
of  accredited  schools  and  departments,  and  equivalents,  if 
any,  to  be  accepted  for  such  work  or  any  part  thereof.  Said 
board  shall  make  no  rule,  regulation  or  requirement  apply- 
ing to  any  accredited  school  or  department  which  shall  not 
under  like  circumstances  apply  to  each  and  every  accred- 
ited school  and  department  in  the  state,  nor  shall  any  re- 
quirement, be  in  excess  of  the  requirements  of  the  Indiana 
state  normal  school;  it  being  the  purpose  and  intent  of  this 
act  that  all  schools  and  departments  for  normal  instruction 
and  the  training  of  teachers  shall  maintain  as  nearly  as 
possible  like  standards  of  excellence  and  efficiency.  (R.  S. 
1908,  §6313  ) 


SCHOOL    LAW    01      INDIANA.  337 

569.  Courses  of  study.    2.    The  state  teachers'  training 
board  shall  have  powor  and  authority  to  prescribe  courses  of 
study  upon  completion  of  which  graded  certificates  of  work 
done  may  be  granted  by  any  such  accredited  school,  which 
certificate  shall  be  recognized  by  the  Indiana  state  normal 
school  so  far  as  such  certificates  meet  the  requirements  of 
said  school  course.    (R.  S.  1908,  §6314.) 

570.  Two-year  course.    3,    In  order  to  encourage  trained 
teachers  to  teach  in  the  district  schools  and  in  the  grades  in 
the  small  towns  of  the  state,  each  accredited  school  and  the 
state  normal  school  may,  subject  to  the  rules  and  regula- 
tions of  the    state    teachers'  training    board,  establish  a 
two-year  course  open  to  high  school  graduates,  the  comple- 
tion of  which  will  be  accepted  in  lieu  of  a  license  and  will 
entitle  one  to  teach  in  the  district  schools  and  the  grades  in 
the  small  towns  For  three  yars  without  examination.     (R. 
S.  1908,  §6315.) 

NOTE.  The  minimum  daily  wages  of  teachers  taking  advantage  of  this 
provision  will  be  $2.12i  th<>  first  year  and  .$2.70  during  the  second  and  third 
years. 

571.  Diplomas.     4.     After  two  years  from  graduation, 
upon  satisfactory  evidence  of  professional  experience  and 
ability  to  instruct  and  manage  a  school,  under  rules  and 
regulations  therefor  to  be  established  by  said  state  teach- 
ers' training  board,  graduates  of  any  accredited  school  or 
department  shall  be  entitled  to  diplomas  to  be  issued  by 
said  accredited  school,  stating  the  character  and  amount 
of  work  completed.    (R.  S.  1908,  §6316.) 

572.  " Accredited"    school.      5.      Said    state    teachers' 
training  board  shall  grant  to  each  school  and  department 
accepting  the  provisions  of  this  act  and    agreeing   to   be 
bound  by  the  rules  and  regulations  of  said  board  the  right 
to  use  the  word  "accredited"  as  a  part  of  the  title  or  name 
of  such  school  or  department,  which  right  shall  be  revoked 

[22—27277] 


338  SCHOOL    LAW    OF    INDIANA. 

by  said  board  at  any  time  upon  the  refusal  of  any  such 
school  or  department  to  abide  by  any  rule  or  regulation  of 
said  board.  (E.  S.  1908,  §6317.) 

573.  When  ' 'accredited"  denied,  6..  It  shall  be  unlaw- 
ful for  any  school  or  department  for  normal  instruction  and 
the  training  of  teachers  which  has  not  accepted  the  provi- 
sions of  this  act  or  whose  authority  under  this  act  has  been 
revoked  to  use  the  word  " accredited"  as  a  part  of  its  name 
or  title  or  to  state  that  such  school  or  department  has  been 
accredited.  If  any  officer,  employe,  agent,  owner,  or  part 
owner,  or  instructor  or  teacher  in  any  school  or  department 
for  normal  instruction  and  the  training  of  teachers  which 
has  not  been  accredited  as  provided  herein  or  whose  author- 
ity hereunder  has  been  revoked  as  herein  provided,  shall 
use  the  word  " accredited"  as  a  part  of  the  name  or  title  of 
such  school  or  department,  or  shall  publish,  advertise,  an- 
nounce or  say  that  such  school  or  department  is  accredited, 
upon  conviction  of  the  same,  he  shall  be  fined  in  any  sum 
of  not  more  than  five  hundred  dollars.  (E.  S.  1908,  §6318.) 


SCHOOL    LAW    OF    INDIANA. 


339 


CHAPTER  XXII. 

I  XI )  I A  N A   UNIVERSITY. 


SEC. 

574.  Recognized. 

575.  Tax  for  endowment  fund. 

576.  Application  of  fund. 

577.  Bond  of  state. 

578.  Loans  by  State  Auditor. 

579.  Mortgages  taken  by  State  Auditor. 

580.  State  may  borrow  fund. 

581.  Trustees — Corporate  name — Officers — Pow- 

ers. 

582.  The  first  Trustees. 

583.  The  first  meeting. 

584.  Vacancies 

585.  Pay  of  Trustees. 

586.  Trustees  of  Indiana  University. 

587.  Trustees'  terms  expiring  1891,  successors. 

588.  Trustees'  terms  expiring  1893,  successors. 

589.  Registry  of  alumni. 

590.  Nomination  ot  Trustees. 

591.  Annual  meeting  of  alumni. 

592.  Method  or  voting  by  ammni. 

593.  Annual  meeting. 

594.  Quorum — Temporary  appointments. 

595.  Seminary  township. 

596.  I  merest,  on  loans. 

597.  Faculty— Powers. 

593.  No  religious  qualification. 

599.  No  sectarian  tenets. 

600.  County  students. 

601.  Notice  to  counties. 

602.  Treasurer's  bond. 

603.  Board  of  visitors. 

604.  Visitors  not  attending  to  be  reported. 

605.  Duties  of  Visitors. 

606.  Duties  of  Secretary. 

607.  Duties  of  Treasurer. 

608.  Report  to  State  Superintendent. 

609.  Lectures  by  Faculty. 

610.  Geological  examinations  and  specimens. 

611.  Printing  annual  report. 

612.  Contents  of  report. 

613.  Notice  of  sessions. 
614  Buildings  and  repairs. 
615.  \ormai  department. 
016.  Agricultural  department. 

617.  Scholarships  transferrable. 

618.  Perpetual  scholarships.. 

619.  Library. 

620.  State  Geologist. 

621.  Fund,  how  derived— Loans. 

622.  Auditor  of  State  to  loan — Duty, 

623.  Form  of  mortgage. 

624.  Form  of  note. 


SBC. 

625.  Loans — Security. 

626.  Interest. 

627.  Priority  of  mortgage. 

628.  Recording  of  mortgage. 

629.  Certificate  as  to  liens. 

630.  Abstract  of  title. 

631.  Auditor's  duty. 

632.  Payment. 

633.  Satisfaction. 

634.  Loans,  how  collected. 

635.  Judgment. 

636.  Notice  of  sale. 

637.  Sale. 

638.  When  Auditor  to  buy— Re-sale. 

639.  Limit  of  bid— Overplus. 

640.  Statement  of  sale. 

641 .  Title  in  state,  without  deed. 

642.  Sale  for  cash— Certificate. 

643.  Sale  on  credit. 

644.  Fees  and  damages. 

645.  Accounts — Reports. 

646.  Accounts  with  borrowers. 

647.  Interest,  when  loaned. 

648.  Unsold  lands. 

649.  Certificate  of  payment— Putent. 

650.  Leases. 

651.  Commissioners'  report. 

652.  Commissioners'  duty. 

653.  Pay  of  Commissioners. 

654.  Patents,  and  recording. 

655.  Pay  for  managing  fund. 

656.  Extension  of  payments. 

657.  Forfeiture,  how  prevented. 

658.  Forfeited  lands. 

659.  Appraisement  of  lands. 

660.  Where  filed  and  recorded. 
631.  Duty  of  County  Auditors. 

662.  Notice  of  sale. 

663.  Sale. 

664.  Terms  of  sale. 

665.  Private  entry. 

666.  Certificate  of  purchase. 

667.  Certificate  to  be  registered. 

668.  Certificate  assignable. 

669.  -Forfeiture. 

670.  Surplus. 

671.  Forfeiture,  how  prevented . 

672.  Land,  how  redeemed. 
073.  Security. 

674.  Suit  for  waste. 

675.  Patent  on  full  payment. 

676.  Audi  tor 's  report- 


340 


SCHOOL    LAW    OF    INDIANA. 


SBC. 
677. 
678. 
679. 


682. 


Treasurer's  report. 

To  pay  money  to  State  Treasurer. 

Pay  of  Auditor  and  Treasurer. 

Loans. 

Disposition  of  proceeds. 

Report  of  sales. 

One  Trustee  to  attend  sales. 

No  member  to  deal  in  the  lands. 


SEC. 

685.  Trustees  to  get  information. 

686.  State  Treasurer  collects  loans. 

687.  County  Auditors  loan. 

688.  Auditor  of  State  can  not  loan. 

689.  Counties  pay  interest. 

690.  Suit  for  deficiency  after  Bale. 

691.  School  of  Medicine. 


[1  R.  S.  1852,  p.  504.    Approved  June  17,  1852.] 

574.  Recognized.    1.    The  institution  established  by  an 
act  entitled  "an  act  to  establish  a  college  in  the  state  of 
Indiana,"  approved  January  28,  1828,  is  hereby  recognized 
as  the  university  of  the  state.    (R.  S.  1908,  §6705.) 

[1883,  p.  82.    Approved  March  3,  1883.] 

575.  Tax  for  endowment  fund.     1.    There  shall  be  as- 
sessed and  collected,  as  state  revenues  are  assessed  and  col- 
lected, in  the  year  of  eighteen  hundred  and  eighty- three, 
and  in  each  of  the  next  succeeding  twelve  years,  the  sum 
of  one-half  of  one  cent  on  each  one  hundred  dollars7  worth 
of  taxable  property  in  this  state;  which  money,  when  col- 
lected and  paid  into  the  state  treasury  in  each  of  the  years 
named  in  this  act,  shall  be  placed  to  the  credit  of  a  fund 
to  be  known  as  the  permanent  endowment  fund  of  the  In- 
diana university.    (R.  S'.  1908,  §6818.) 

1.  FORECLOSURE.  A  mortgage  securing  a  loan  of  the  permanent  en- 
dowment fund  may  be  foreclosed  by  public  advertisement  without  suit, 
under  sections  656  to  665. — Fisher  v.  Brown,  159  Ind.  130;  64  N.  E.  Rep. 
614. 


576.  Application  of  fund  2.  Whenever,  after  the  first 
day  of  May,  eighteen  hundred  and  eighty-four,  there  shall 
have  been  paid  into  the  state  treasury  a  sum  of  said  per- 
manent endowment  fund  sufficient  to  pay  off  any  of  the 
interest-bearing  indebtedness  of  the  state,  it  shall  be  the 
duty  of  the  treasurer  of  state  to  pay  off  and  cancel  such  in- 
debtedness, and  it  shall  be  the  duty  of  said  treasurer  of 
state  to  continue  to  pay  off  and  cancel  said  interest-bearing 
indebtedness  which  may  be  due,  or  which,  by  the  terms  of 
the  contract  creating  such  indebtedness,  may  be  paid  off, 


SCHOOL    LAW    OF    INDIANA. 


341 


whenever  there  is  a  sufficient  sum  of  said  permanent  endow- 
ment fund  in  the  state  treasury  to  pay  off  the  same  out  of 
said  permanent  endowment  fund.  (R.  S.  1908,  §6819.) 

577.  Bond  of  state.    3.    It  shall  be  the  duty  of  the  treas- 
urer of  state,  immediately  after  paying  off  any  of  the  inter- 
est-bearing indebtedness  of  the  state,  as  provided  for  in 
section  2  of  this  act,  to  make  and  issue  to  the  trustee  of 
said  university  and  to  their  successors  in  office  a  non-nego- 
tiable bond  of  the  state  in  an  amount  equal  to  the  sum 
drawn  from  said  permanent  endowment  fund  and  used  -in 
such  payment.     Said  non-negotiable  bond  shall  be  signed 
by  the  governor  and  the  treasurer  of  state  and  attested 
by  the  secretary  of  state  and  the  seal  of  the  state,  and 
be  made  payable  in  fifty  years  after  date,  at  the  option  of 
the  state,  and  said  bond  shall  bear  five  per  cent,  interest 
from  date  until  paid,  which  interest  shall  be  paid  semi- 
annually  on  the  first  days  of  May  and  November  of  each 
year,  and  the  same  shall  be  applied  to  the  current  and  ex- 
traordinary expenses  of  said  university  and  be  paid  to  the 
trustees  thereof,  under  the  same  rules  and  regulations  as 
is  now  required  by  law  in  the  payment  of  the  revenues  of 
said  university.     The  non-negotiable  bonds  provided  for 
in  this  act,  when  executed,  shall  remain  in  the  custody  of 
the  treasurer  of  state.    (R.  S.  1908,  §6820.) 

578.  Loans  by  state  auditor.    4.    That  so  much  of  said 
permanent  endowment  fund  as  shall  not  at  any  time  be  ab- 
sorbed by  the  non-negotiable  bonds  of  the  state,  as  contem- 
plated in  this  act,  shall  be  loaned  by  the  auditor  of  state 
at  six  per  centum  interest,  payable  annually  in  advance, 
in  real  estate  security;  and  in  making  loans  and  disburs- 
ing interest  collected  the  treasurer  of  state  and  the  auditor 
of  state  shall  be  governed  by  the  law  now  in  force  regulat- 
ing the  manner  of  making  loans  of  the  university  funds  and 
paying  out  interest  collected,  except  as  otherwise  provided 
in  this  act.    (R.  S.  1908,  §6821.) 


342  SCHOOL    LAW    O¥    INDIANA. 

579.  Mortgages  taken  by  state  auditor.    5.    It  shall  be 
the  duty  of  the  auditor  of  state  to  make  a  complete  record 
of  every  mortgage  and  note  executed  on  account  of  any 
loan  from  said  permanent  endowment  fund  in  a  book  to  be 
kept  in  his  office  for  that  purpose ;  and  on  payment  of  any 
loan  to  said  fund  said  auditor  shall  enter  a  record  of  satis- 
faction in  full  on  the  margin  of  the  record  of  the  mortgage 
in  his  office  and  sign  the  same  with  his  name;  and  he  shall 
also,  in  like  manner,  enter  satisfaction  in  full  on  the  face  of 
the  mortgage;  which  mortgage,  when  presented  by  the 
mortgagor,  or  any  person  holding  title  under 'him,  to  the 
recorder  of  the  county  wherein  the  land  mortgaged  is  situ- 
ated, shall  authorize  the  recorder  of  said  county  to  copy 
such  entry  on  the  record  in  his  office.    (E.  S.  1908,  §6822.) 

580.  State  may  borrow  fund.    6.    If  at  any  time  here- 
after the  state  shall  need  the  loan  of  any  part,  or  of  all, 
of  said  permanent  endowment  fund,  the  state  shall  be  a  pre- 
ferred borrower  of  so  much  of  said  fund  as  shall  not  be 
loaned  at  the  time.    But  it  shall  be  the  duty  of  the  treasurer 
of  state  to  cause  to  be  executed,  as  an  evidence  of  any  such 
loan,  a  non-negotiable  bond  of  the  state  for  the  amount  so 
borrowed  in  like  manner  as  is  provided  in  section  3  of  this 
act:    Provided,  If  at  any  time  hereafter  the  said  Indiana 
university  shall  be  consolidated  with  any  other  educational 
institution  or  institutions  of  the  state,  or  shall  be  removed 
from  its  present  location  for  any  cause  whatever,  the  fund 
raised  under  the  provisions  of  this  act  shall  be  held  and 
used  for  the  benefit  of  such  institution,  as  consolidated  or 
changed,   notwithstanding    such   change    or   consolidation 
whenever  so  removed  or  consolidated:    Provided,  further, 
That,  after  said  date,  no  further  appropriation  shall  be 
made  to  said  university.    (R.  S.  1908,  §6823.) 

[1855,  p.  201.    Approved  March  3,  1855.] 

581.  Trustees — Corporate   name — Officers — Powers.     1. 
The  board  of  trustees  of  the  state  university  shall  be  eight 
in  number,  of  whom  not  more  than  one  shall  reside  in  the 
same  county,  excepting  the  county  of  Monroe,  from  which 
two  may  be  selected.    They,  and  their  successors,  shall  be 


SCHOOL    LAW    OF    INDIANA.  343 

a  body  politic,  with  the  style  of  "The  trustees  of  Indiana 
university ;"  in  that  name  to  sue  and  be  sued;  to  elect  one 
of  their  number  president;  to  elect  a  treasurer,  secretary, 
and  such  other  officers  as  they  may  deem  necessary ;  to  pre- 
scribe the  duties  and  fix  the  compensation  of  such  officers; 
to  possess  all  the  real  and  personal  property  of  such  uni- 
versity for  its  benefit;  to  take  and  hold,  in  their  corporate 
name,  any  real  or  personal  property  for  the  benefit  of  such 
institution;  to  expend  the  income  of  the  university  for  its 
benefit ;  to  declare  vacant  the  seat  of  any  trustee  who  shall 
absent  himself  from  two  successive  meetings  of  the  board, 
or  be  guilty  of  any  gross  immorality,  or  breach  of  the  by- 
laws of  the  institution ;  to  elect  a  president,  such  professors 
and  other  officers,  for  such  university,  as  shall  be  neces- 
sary, and  prescribe  their  duties  and  salaries;  to  prescribe 
the  course  of  study  and  discipline,  and  price  of  tuition  in 
such  university ;  and  to  make  all  by-laws  necessary  to  carry 
into  effect  the  powers  hereby  conferred.  (R.  S.  1908, 
§6706.) 

582.  The  first  trustees.    2.    The  following  persons,  and 
their  successors,  shall  constitute  said  board:     Joseph  S. 
Jenckes,  of  Vigo  county;  Joel  B.  McFarland,  of  Tippecanoe 
county;    George    Evans,    of   Henry   county;    William    M. 
French,  of  Clark  county;  Ransom  W.  Aiken,  of  Monroe 
county;  Johnson  McCullough,  of  Monroe  county;  James  R. 
M.  Bryant,  of  Warren  county ;  John  I.  Morrison,  of  Wash- 
ington county;  three  of  whom  shall  serve  for  two  years, 
two  for  three  years,  and  three  for  four  years.     (R.  S.  1908, 
§6707.) 

583.  The  first  meeting.     3.     The  first  meeting  of  said 
board  shall  be  held  at  the  town  of  Bloomingtbn,  on  Monday, 
the  second  day  of  April,  1855,  when  they  shall  determine, 
by  lot,  their  several  terms  of  service.    (R,  S.  1908,  §6708.) 

584.  Vacancies.     4.     Vacancies  in  said  board,  whether 
occasioned  by  death,  resignation,  removal  from  the  state, 
expiration  of  terms  of  service,  or  otherwise,  shall  be  filled 
by  the  state  board  of  education.     (R.  S'.  1908,  §6709.) 


344 


SCHOOL     LAW     OK     INDIANA. 


585.  Pay  of  trustees.    5.     The  trustees  of  said  univer- 
sity shall  receive,  when  employed  in  the  actual  service  of 
the  university,  the  same  pay  as  members  of  the  general 
assembly.    (R,  S.  1908,  §6717.) 

[1891,  p.  65.    Approved  March  3, 1891.) 

586.  Trustees  of  Indiana  university.     1.     The  trustees 
of  Indiana  university  shall  hereafter  be  elected  for  such 
terms  of  service,  and  in  such  manner,  as  is  herein  provided, 
and  the  terms  of  service  of  the  trustees  now  in  office,  and 
of  those  hereafter  elected,  shall  expire  on  the  first  day  of 
July  of  the  year  in  which  such  terms  are  to  end.     (R.  S. 
1908,  §6710.) 

587.  Trustees'  terms  expiring  1891,  successors.    2.     Suc- 
cessors to  three  trustees  whose  terms  of  service  expire  in 
the  year  eighteen  hundred  and  ninety-one  (1891)  shall  be 
elected  by  the  alumni  of  the  University  at  the  college  com- 
mencement of  the  year  1891 ;  one  of  the  trustees  so  selected 
shall  serve  for  one  year,  one  for  two  years,  and  one  for 
three  years.    At  the  first  meeting  of  the  board  of  trustees 
after  July  1,  1891,  the  several  terms  of  service  of  such 
three  trustees  shall  be  determined  by  lot.    At  the  annual 
commencement  of  the  year  in  which  their  terms  expire,  suc- 
cessors  to   such   three   trustees    shall   be   elected   by   the 
alumni  of  the  university,  each  to  serve  for  three  years. 
When  vacancies  in  the  board  of  trustees  arise,  from  the 
death,  resignation,  removal  from  the  state,  expiration  of 
term  of  service,  or  otherwise,  of  any  of  the  three  trustees 
to  be  elected  in  1891,  or  any  of  their  successors,  such  vacan- 
cies shall  be  filled  by  the  alumni.     (R.  S.  1908,  §6711.) 

588.  Trustees' terms  expiring- 1893,  successors.    3.    Suc- 
cessors to  the  two  trustees,  whose  terms  of  service  expire 
in  1893,  shall  be  elected  by  the  state  board  of  education, 
and  one  of  such  two  successors  shall  be  elected  for  a  term 
of  two  years,  and  the  other  for  a  term  of  three  years.  Suc- 
cessors to  the  three  trustees,  whose  terms  expire  in  1894, 
shall  be  elected  by  the  state  board  of  education,  one  for  a 


SCHOOL     LAW     OF     INDIANA. 


345 


term  of  two  years,  and  the  other  two  trustees  for  terms  of 
three  years.  Successors  to  the  five  trustees  herein  pro- 
vided to  be  elected  by  the  state  board  of  education  shall 
be  elected  by  said  state  board  of  education,  each  trustee 
so  elected  to  serve  for  three  years :  Provided,  That  trus- 
tees elected  by  the  alumni,  or  the  state  board  of  education, 
to  fill  vacancies  caused  otherwise  than  by  expiration  of 
terms  of  service,  shall  be  elected  for  such  unexpired  terms 
only.  When  vacancies  in  the  board  of  trustees  arise  from 
the  death,  resignation,  removal  from  the  state,  expiration 
of  term  of  service,  or  otherwise,  of  any  of  the  five  trustees, 
or  their  successors  herein  provided  to  be  elected  by  the 
state  board  of  education,  such  vacancies  shall  be  filled  by 
s;ii<l  state  board  of  education.  (R.  S.  1908,  §6712.) 

589.  Registry  of  alumni.    4.    A  registry  of  the  name  and 
address  of  each  alumnus  of  Indiana  university  residing  in 
the  state  of  Indiana  shall  be  kept  by  the  librarian  of  said 
university,  who  shall  correct  such  addresses  when  notified 
by  the  alumni  so  to  do.    The  alumni  of  the  university  shall 
be  those  persons  who  have  been  awarded  and  on  whom  have 
been  conferred  any  of  the  following  degrees:    Bachelor  of 
Arts  (A.  B.),  Bachelor   of   Letters  (B.  L.),    Bachelor  of 
Science  (B.  S.),  Bachelor  of  Philosophy  (B.  Ph.),  Bachelor 
of  Laws  (L.  L.  B.),  Master  of  Arts  (A.  M.),  Master  of  Sci- 
ence (M.  S.),  Doctor  of  Philosophy  (Ph.  D.).  (R.  S.  1908, 
§6713.) 

590.  Nomination   of  trustees.     5.     Any   ten   or   more 
alumni  may  file  with  the  librarian  of  the  university  on  or 
before  the  first  day  of  April  in  each  year  a  written  nomi- 
nation   for    the    trustee  or  trustees  to  be  elected  by  the 
alumni  at  the  next  college  commencement.    Forthwith  after 
such  first  day  of  April  a  list  of  all  such  candidates  shall 
be  mailed  by  said  librarian  to  each  alumnus  at  his  ad- 
dress.    (R,  S.  inns.  VC714.) 

591.  Annual  meeting*  of  alumni.    6.    The  annual  meet- 
ing of  the  alumni  for  the  election  of  trustees  shall  be  held 


.*>46  SCHOOL    LAW    OF    INDIANA. 

at  the  university  on  the  Tuesday  before  the  annual  com- 
mencement day  of  said  university,  at  the  hour  of  nine 
o'clock  a.  m.,  at  which  meeting  a  trustee  shall  be  elected 
to  serve  for  three  years  from  the  first  day  of  July  of  such 
year,  and  any  trustee  or  trustees  which  the  alumni  may  be 
entitled  to  elect  to  complete  any  unexpired  term  or  terms. 
(E.  S.  1908,  §6715.) 

592.  Method  of  voting  by  alumni.     7.     Each  alumnus 
resident  in  the  state  of  Indiana  may  send  to  said  librarian, 
over  his  signature,  at  any  time  before  the  meeting  of  the 
alumni  for  the  election  of  such  trustee  or  trustees,  the  vote 
for  such  trustee  or  trustees  which  he  would  be  entitled  to 
cast  if  personally  present  at  such  meeting,  which  vote  such 
librarian  shall  deliver  to  such  meeting  to  be  opened  and 
counted  at  said  election,  together  with  the  votes  of  those 
who  are  personally  present ;  but  no  person  shall  have  more 
than  one  vote.    The  person  or  persons  having  the  highest 
number  of  votes  upon  the  first  ballot  shall  be  declared  the 
trustee  or  trustees  according  as  there  may  be  one  or  more 
than  one  trustee  to  be  elected:     Provided,  The  votes  re- 
ceived by  said  person,  or  by  each  of  said  persons,  or  at 
least  fifty  per  cent,  of  all  the  votes  cast.     Otherwise  the 
alumni  personally  present  at  such  meeting  shall,  from  the 
two  having  the  highest  pluralities,  elect  a  trustee,  unless 
their  pluralities  shall  aggregate  less  than  fifty  per  cent,  of 
the  votes  cast,  in  which  case  there  shall  be  included  in  the 
number  of  those  to  be  voted  for,  so  many  of  those  coming 
after  such  two  highest  in  order  of  pluralities  as  will  bring 
the  aggregate  of  such  pluralities  of  those  to  be  voted  for 
to  fifty  per  cent,  of  the  votes  cast.     (R,  S.  1908,  §6716.) 

[1  R.  S.  1852,  p.  504.    Approved  June  17,  1852.] 

593.  Annual  meeting.     3.     Said  trustees  shall  annually 
meet  at  the  town  of  Bloomington  at  least  three  days  pre- 
ceding the  annual  commencement  of  the  university.     (R.  S. 
1908,  §6718.) 


SCHOOL    LAW    OF    INDIANA. 


347 


594.  Quorum — Temporary  appointments.     4.     Five  of 
such  trustees  shall  constitute  a  quorum;  and,  in  case  an 
emergency  is  declared  by  the  faculty,  after  there  shall 
have  been  a  called  session   at  which  the  other  members 
failed  to  attend,  the  trustees  residing  in  the  county  of  Mon- 
roe may  fill  vacancies  in  the  faculty  of  the  university  and 
the  board  of  trustees;  and,  in  case  there  should  not  be 
three  trustees  in  attendance  upon  such  emergency,  then 
those  that  are  in  attendance,  together  with  such  members 
of  the  faculty  as  may  be  in  attendance,  shall  fill  such  vacan- 
cies; but  appointments  thus  made  shall  expire  at  the  next 
meeting  of  the  board.     (K.  S.  1908,  §6719.) 

595.  Seminary  township.    5.    The  trustees  of  said  uni- 
versity shall  receive  the  proceeds  of  the  sales  and  rents 
of  the  three  reserved  sections  in  the  seminary  township 
in  Monroe  county,  and  the  same  shall  be  paid  to  the  treas- 
urer of  said  trustees,  on  their  order.    (E.  S.  1908,  §6720.) 

596.  Interest  on  loans.     6.     The  interest  arising  from 
loans  of  the  state  university  fund,  as  received  at  the  state 
treasury,  shall  be  paid  on  the  warrants  of  the  auditor  of 
state ;  such  warrants  to  be  granted  on  allowances  made  to 
the  persons  entitled  thereto  by  the  board  of  trustees,  and 
duly  certified  by  their  secretary.    (R.  S.  1908,  §6721.) 

597.  Faculty — Powers.     7.     The   president,   professors 
and  instructors  shall  be  styled  "The  faculty"  of  said  uni- 
versity and  shall  have  power — 

First.  To  enforce  the  regulations  adopted  by  the  trus- 
tees for  the  government  of  the  students ;  to  which  end  they 
may  reward  and  censure,  and  may  suspend  those  who  con- 
tinue refractory,  until  a  determination  of  the  board  of  trus- 
tees can  be  had  thereon. 

Second.  To  confer,  with  the  consent  of  the  trustees,  such 
literary  degrees  as  are  usually  conferred  in  other  universi- 
ties, and,  in  testimony  thereof,  to  give  suitable  diplomas, 
under  the  seal  of  the  university  and  signature  of  the  fac- 
ulty. «R.  S.  1908,  §6722.) 


348  SCHOOL    LAW    OF    INDIANA. 

598.  No  religious  qualification.    8.    No  religious  qualifi- 
cation shall  be  required  for  any  student,  trustee,  president, 
professor  or  other  officer  of  such  university,  or  as  a  condi- 
tion for  admission  to  any  privilege  of  the  same.     (E.  S. 
1908,  §6723.) 

599.  No  sectarian  tenets.    9.    No  sectarian  tenets  shall 
be  inculcated  by  any  .professor  at  such  university.     (E.  S. 
1908,  §6724.) 

600.  County  students.     10.     The  trustees  shall  provide 
for  the  tuition,  free  of  charge,  of  two  students  from  each, 
county  in  this  state,  to  be  selected  by  the  board  of  county 
commissioners.     (E.  S.  1908,  §6725.) 

1.  Each  county  may  send  two  students,  free  of  tuition  fees,  to  be  in- 
structed in  the  law  department,  as  well  as  any  other  department. — McDon- 
ald v.  Hagins,  7  Blackf.  525. 

601.  Notice  to  counties.    11.    The  secretary  of  the  board 
shall  notify  the  county  auditor  of  each  county  of  the  state 
whenever  there  shall  not  be  in  attendance  at  the  university 
the  number  of  students  which  such  county  is  entitled  to 
send  free  of  tuition ;  of  which  such  auditor  shall  notify  the 
board  of  commissioners  of  such  county  at  its  next  meeting 
(E.  S.  1908,  §6726.) 

602.  Treasurer's  bond.     J2.     The  treasurer  of  the  uni- 
versity shall  give  bond  in  a  penalty,  and  with  surety  to  be 
approved  by  such  board,  payable  to  the  state,  conditioned 
for  the  faithful  discharge  of  his  duties;  which  bond  shall 
be  filed  with  the  auditor  of  state.     (E.  S1.  1908,  §6727.) 

603.  Board  of  visitors.     13.     The  governor,  lieutenant- 
governor,  speaker  of  the  house  of  representatives,  judges 
of  the    supreme    court,    and    superintendent    of    common 
schools  [state  superintendent  of  public  instruction],  shall 
constitute  a  board  of  visitors  of  the  university,  and  any 
three  thereof  a  quorum.    (E,  S.  1908,  §6728.) 

604.  Visitors  not  attending,  to  be  reported.     14.     In 
case  the  members  of  such  board  of  visitors  fail  to  attend 


SCHOOL    LAW    OF    INDIANA.  349 

the  annual  commencement  exercises  of  the  university,  the 
president  of  the  board  of  trustees  shall  report  such  of  them 
as  are  absent  to  the  next  general  assembly,  in  its  annual 
report.  (R,  S.  1908,  §6729.) 

605.  Duties  of  visitors.    15.    Such  board  of  visitors  shall 
examine  the  property,  the  course  of  study  and  discipline, 
and  the  state  of  the  finances  of  the  university,  and  recom- 
mend such  amendments  as  it  may  deem  proper,  the  books 
and  the  accounts  of  the  institution  being  open  to  its  in- 
spection; and  it  shall  make  report  of  its  examination  to 
the  governor,  to  be  by  him  laid  before  the  next  general 
assembly.     (R,  S.  1908,  §6730.) 

• 

606.  Duties  of  secretary.  16.  The  secretary  of  the  board 
of  trustees  shall  keep  a  true  record  of  all  the  proceedings 
of  said  board,  and  certify  copies  thereof.  He  shall  also  keep 
an  account  of  the  students  in  the  university  according  to 
their  classes,  stating  their  respective  ages  and  places  of 
residence,  and  a  list  of  all  graduates.     (R.  S.  1908,  §6731.) 

607.  Duties  of  treasurer.    17.    The  treasurer  of  said  uni- 
versity shall — 

First.  Keep  true  accounts  of  all  money  received  into 
the  treasury  of  said  university,  and  of  the  expenditures 
thereof. 

Second.  Pay  out  the  same  on  the  order  of  the  board  of 
trustees,  certified  by  its  secretary. 

Third.    Collect  the  tuition  fees  due  the  same. 

Fourth.  Make  semi-annual  settlements  with  the  board 
of  trustees. 

Fifth.  Submit  a  full  statement  of  the  finances  of  the  uni- 
versity, and  his  receipts  and  payments,  at  each  meeting  of 
the  board  of  trustees. 

Sixth.  Submit  his  books  and  papers  to  the  inspection 
of  the  trustees  and  visitors.  (R,  S.  1908,  §6732.) 

608.  Report  to  state  superintendent.     18.     The  board 
of  trustees,  its  secretary  and  treasurer,  shall  report  to  the 


350  SCHOOL    LAW    OF    INDIANA. 

superintendent  of  common  schools  [slate  superintendent 
of  public  instruction],  a!1  matters  relating  to  the  university, 
when  by  him  required.  (II.  S.  1908?  §6733.) 

609.  Lectures  by  faculty.    19.    One  member  of  the  fac- 
ulty, to  be  designated  by  a  majority  thereof,  of  which  the 
secretary  of  the  board  shall  be  informed,  shall,  by  himself 
or  competent  substitute,  deliver  a  public  lecture  on  the  prin- 
ciples and  organization  of  the  university,  its  educational 
facilities   (being  careful  not  to  disparage  the  claims  of 
other  institutions  of  learning  in  the  state),  in  at  least  fif- 
teen different  counties  of  the  state,  of  which  he  shall  give 
due  notice;  and  in  a  vacation  of  less  duration  than  one 
month  a  member  of  the  faculty,  to  be  designated  as  afore- 
said, shall  deliver  such  lecture  in  at  least  three  different 
counties;  a  brief  statement  of  which  lectures  shall,  by  the 
persons  delivering  them,  be  reported  to  the  board  of  trus- 
tees, annually,  to  be  by  them  incorporated  in  the  annual 
report  to  the  general  assembly;  but  no  two  such  lectures 
shall  be  delivered  in  the  same  county  until  all  the  counties 
of  the  state  have  been  lectured  in.    (K,  S.  1908,  §6734.) 

610.  Geological  examinations  and  specimens.    20.    Such 
lecturers  shall  make  such  geological  examinations  and  col- 
lect such  mineralogical  specimens  as  they  may  be  able  to 
make  and  procure;  a  report  whereof  they  shall  make  to 
the  board  of  trustees,  to  be  by  it  incorporated  in  its  annual 
report  to  the  general  assembly;  and  such  specimens,  to- 
gether with  those  they  may  procure  by  voluntary  dona- 
tions, they  shall  deposit  in  a  suitable  room  in  the  university 
buildings,  to  be  fitted  up  for  that  purpose.     (E.  S.  1908, 
§6735.) 

611.  Printing  annual  report.    21.    The  governor  of  the 
state  shall  order  the  printing,  annually,  of  five  thousand 
copies  of  the  annual  report  of  the  board  of  trustees,  twenty- 
five  hundred  of  which  shall  be  for  the  use  of  the  members 
of  the  general  assembly  and  twenty-five  hundred  for  the 
faculty.    (K.S.  1908,  §6736.) 


-•  FIOOL    LAW    OF    INDIANA.  351 

612.  Contents  of  report.    22.    Such  report  shall  contain 
what  is  now  included  in  the  annual  catalogue,  with  such 
other  matters  as  may  be  deemed  useful  to  the  cause  of  edu- 
cation, connected  with  the  university.     (R,  S.  1908,  §6737.) 

613.  Notice  of  sessions.     23.     The  hoard  of  trustees, 
through  its  president,  shall  give  at  least  one  month's  notice 
of  the  commencement  of  each  session  of  the  university  in 
at  least  one  newspaper  in  the  cities  of  Indianapolis,  Louis- 
ville, in  the  state  of  Kentucky,  and  in  New  Orleans,  in  the 
state  of  Louisiana.    (R.  S.  1908,  §6738.) 

614.  Buildings  and  repairs.    24.    The  board  of  trustees 
shall,  annuallj7,  appoint  a  committee  of  its  body  to  examine 
the  university  buildings  and  grounds  adjacent,  who  shall 
report  the  kind  and  cost  of  repairs,  if  any  are  needed ;  and 
one  of  the  members  of  the  faculty  shall  be  appointed  to 
take  care  of  such   buildings  and  grounds.      (R,   S.   1908, 
§6739.) 

615.  Normal  department.     25.     Such  trustees  shall  es- 
tablish a  normal  department  for  instruction  in  the  theory 
and  practice  of  teaching,  free  of  charge  to  such  young  per- 
sons, male  and  female,  residents  of  the  state,  as  may  de- 
sire to  qualify  themselves  as  teachers  of  common  schools, 
within  the  state,  under  such  regulations  as  such  board  of 
trustees  may  make  in  regard  to  admitting  to,  kind,  and 
time  of  delivery  of  lectures  in  such  department,  and  the 
granting  of  diplomas  therein;  and  such  regulations  shall 
be  incorporated  in  the  annual  report  of  the  trustees  to  the 
general  assembly.     (R.  S.  1908,  §6740.) 

616.  Agricultural  department.    26.    Such  trustees  shall 
also  establish  an  agricultural  department  in  such  univer- 
sity, under  proper  regulations,  which  shall  likewise  be  set 
forth  in  their  annual  report.     (R.  S.  1908,  §6741.) 

[1857,  p.  130.    Approved  March  7,  1857.] 

617.  Scholarships  transferable.    1.    All  scholarships  in 
the  state  university,  issued  for  or  founded  upon  subscrip- 


352  SCHOOL    TAW    OF    INDIANA. 

tion  moneys  paid  by  individuals  toward  the  construction 
of  the  university  buildings,  or  any  of  them,  or  the  right  to 
use  said  scholarships  for  any  session  or  sessions  of  the 
college  year  in  said  institution,  may  be  transferred  or  sold 
by  the  holders  thereof  for  a  valuable  consideration.  (E. 
S.  1908,  §6742.) 

[1861,  p.  89.    Approved  May  31.  1861.] 

618.  Perpetual  scholarships.    1 .    The  contingent  fee  on 
perpetual  scholarships,  issued  by  the  trustees  of  the  state 
university,  shall  not  be  more  than  one  dollar  per  session: 
Provided,  That  the  trustees  are  hereby  authorized  to  pur- 
chase said  scholarships  whenever,  in  their  opinion,  it  is 
for  the  best  interests  of  the  university,  at  not  more  than 
ninety  cents  on  the  dollar,  by  giving  notice  in  some  news- 
paper published  in  the  town  of  Bloomington,  that  they  are 
ready  to  purchase  said  scholarship;  and,  after  the  date  of 
such  notice,  no  person  shall  be  entitled  to  any  benefits  un- 
der the  provisions  of  said  scholarships,  except  to  sell  the 
same,  as  is  provided  in  this  act.    (R.  S.  1908,  §6743.) 

[1861,  p.  88.    Approved  May  11,  1861.] 

619.  Library.  2.  The  state  librarian  is  directed  to  trans- 
fer from  the  state  library  to  the  library  of  the  Indiana  uni- 
versity a  complete  set  of  journals  of  both  houses  of  the 
legislature,  a  copy  of  all  laws  enacted  since  the  organiza- 
tion of  the  state,  and  of  all  reports  from  the  several  de- 
partments of  state,  and  of  those  received  from  other  states, 
and  from  the  general  government,  together  with  all  other 
books  and  documents  of  which  there  are  duplicates  now  in 
the  state  library,  or  shall  be  hereafter  received :    Provided, 
That  such  books  and  documents  can  be  spared  without  in- 
jury to  the  state  library,  and  that  such  transfer  be  made 
without  expense  to  the  state.    (R.  S.  1908,  §6744.) 

620.  State  geologist.    3.    The  state  geologist,  while  he 
holds  his  office,  shall  be  regarded  as  a  member  of  the  fac- 
ulty of  the  university;  and  he  is  hereby  directed,  in  his 


SCHOOL    LAW    OF    INDIANA.  353 

reconnoisances,  to  collect  duplicate  specimens  of  mineral- 
ogy and  geology,  and  to  deposit  one  set  of  the  same  in  the 
cabinet  of  the  state  university.  (R.  S.  1908,  §6745.) 

[1  K.  S.  1852,  p.  504.    Approved  June  17,  1852.]       . 

621.  Fund,  how  derived — Loans.     28.     The  university 
fund  shall  consist  of  the  lands  in  Monroe  and  Gibson  coun- 
ties, and  the  proceeds  of  sales  thereof,  and  all  donations 
for  the  use  of  such  university,  where  the  same  is  expressly 
mentioned  in  the  grant,  or  where  in  such  grant  the  term 
11  university "  only  is  used;  the  principal  of  which  fund, 
when  paid  into  the  state  treasury,  shall  be  loaned,  and  the 
annual  interest  thereon  applied  to  the  current  expenses  of 
the  university,  upon  warrants  drawn  on  the  treasurer  of 
state  by  the  auditor  of  state,  on  the  requisition  of  the  board 
of  trustees,  signed  by  the  president  and  attested  by  the 
secretary  thereof.     (R.  S.  1908,  §6746.) 

622.  Auditor  of  state  to  loan— Duty.     29.     It  shall  be 
the  duty  of  the  auditor  of  state  to  loan  out  such  fund  upon 
real  estate  security.    He  shall  duly  inform  himself  of  the 
value  of  all  real  estate  offered  in  pledge,  and  shall  be  judge 
of  the  validity  of  the  title  thereof;  and  any  person  apply- 
ing for  a  loan  shall  produce  to  said  auditor  the  title  papers 
to  such  real  estate,  showing  title  in  fee  simple,  without  in- 
cumbrance  arid  not  derived  through  any  executor's  or  ad- 
ministrator's   sale,    or   sale    on   execution.      (R,    S.    1908, 
§6747.) 

623.  Form  of  mortgage.    30.    The  mortgage  to  be  taken 
may  be  in  the  following  form  in  substance   (as  amended, 
1901,  p.  342,  R,  S'.  1908,  §6748) : 

I,  A.  B.,  of  the  county  of ,  in  the  state  of  Indiana,  do  assign  and 

transfer  to  the  state  of  Indiana  all  [here  describe  the  land],  which  I  de- 
clare to  be  mortgaged  for  the  payment  of  -  -  dollars,  with  interest  at  the 
rate  of  six  per  cent,  per  annum,  payable  in  advance,  according  to  the  con- 
ditions of  the  note  hereunto  annexed. 

[23—27277] 


,'>f)4  SCHOOL     LAW     OF    INDIANA. 

624.  Form  of  note.     31.     The  note  accompanying  t he- 
same  may  be,  in  substance,  as  follows  (as  amended,  1901,  p. 
342,  E.  S.  1908,  §6749): 

I,  A.  B.,  promise  to  pay  to  the  state  of  Indiana,  on  or,  before  the  — 

day  of ,  the  sum  of ,  with  interest  thereon  at  the  rate  of  six  per 

cent,  per  annum,  in  advance,  commencing  on  the  -  -  day  of  -  — ,  19 — , 
and  do  agree  that,  in  case  of  failure  to  pay  any  installment  of  said  inter- 
est, the  said  principal  shall  become  due  and  collectible,  together  with  all 
arrears  of  interest;  and  on  any  such  failure  to  pay  principal  or  interest 
when  due,  five  per  centum  damages  on  the  whole  sum  due  shall  be  col- 
lected with  costs,  and  the  premises  mortgaged  may  be  forthwith  sold  by 
the  auditor  of  public  accounts  L  auditor  of  state],  for  the  payment  of  such 
principal  sum,  interest,  damages  and  costs. 

625.  Loans — Security.     32.     No  greater  sum  than  five 
hundred  dollars  shall  be  loaned  to  any  one  person  out  of 
such  fund,  nor  shall  the  loan  be  for  a  longer  period  than 
five  years;  and  the  sum  loaned  shall  not  exceed  one-half 
of  the  appraised  value  of  the  premises  to  be  mortgaged, 
clear  of  all  perishable  improvements.    The  auditor  may  re- 
duce the  amount  to  be  loaned  on  any  such  valuation,  when, 
for  any  cause,  he  may  have  reason  to  believe  the  same  was 
not  in  proportion  to  the  prices  of  similar  property  selling 
in  the  vicinity,  such  valuation  to  be  made  from  the  valu- 
ation of  the  same  property  in  the  assessment  of  the  state 
revenue.    {E.  S.  1908,  §6750.) 

626.  Interest.    33.    The  rate  of  interest  required  shall  be 
six  per  cent,  in  advance,  payable  annually.    On  failure  to 
pay  any  installment  of  interest  when  due,  the  principal 
shall  forthwith  become  due,  and  the  note  and  mortgage 
may  be  collected.     (As  amended,  1901,  p.  342,  E.  S.  1908. 
§6751.) 

627.  Priority  of  mortgage.  34.  Such  mortgages  shall  be 
considered  as  of  record  from  the  date  thereof,  and  shall 
have  priority  of  all  mortgages  or  conveyances  not  previ- 
ously recorded,  and  of  all  other  liens  not  previously  in- 
curred, in  the  county  where  the  land  lies.     (R.  S.   1908, 
§6752.) 


SCHOOL     I.AAV    OF    IXDIAXA.  .'*;");") 

628.  Recording  of  mortgage.    35.    It  shall  be  the  duty 
of  the  auditor  to  have  such  mortgages  recorded  with  due 
diligence,  the  expense  whereof  shall -be  borne  by  the  mort- 
gagor, and  may  be  retained  out  of  the  money  borrowed. 
(B.  S.  1908r  §6753.) 

629.  Certificate  as  to  liens.     36.     The  person  applying 
for  a  loan  shall  file  with  the  auditor  the  certificate  of  the 
clerk  and  recorder  of  the  county  in  which  the  land  lies, 
showing  that  there  is  no  conveyance  of  or  incumbrance  on 
said  land,  in  either  of  their  offices.     (B.  S.  1908,  §6754.) 

630.  Abstract  of  title.    37.    Such  person  shall  also,  be- 
fore he  receives  the  money  to  be  loaned,  make  oath  to  the 
truth  of  an  abstract  of  the  title  to  his  said  land,  and  that 
there  is  no  incumbrance,  or  better  claim,  as  he  believes, 
upon  said  land.    (R.  &  1908,  §6755.) 

631.  Auditor's  duty.    38.    On  making  any  loan  of  such 
fund,  the  auditor  shall  draw  his  warrant  on  the  treasurer 
in  favor  of  the  borrower;  and  the  treasurer  shall  pay  the 
same 'and  charge  it  to  the  proper  fund.    (B.  S.  1908,  §6756.) 

632.  Payment.    39.    All  loans  refunded  and  all  interest 
shall  be  paid  into  the  state  treasury;  and  the  treasurer's 
receipt  shall  be  filed  with  the  auditor  of  state,  who  shall 
give  the  payer  a  quietus  for  the  amount  thereof  and  make 
the  proper  entries  upon  his  books.    (B.  S.  1908,  §6757.) 

633.  Satisfaction.  40.   Whenever  the  amount  due  on  any 
mortgage  shall  be  fully  paid  and  the  treasurer's  receipt 
filed  therefor,  the  auditor  shall  indorse  on  the  note  and 
mortgage  that  the  same  has  been  fully  satisfied,  and  sur- 
render them  to  the  person  entitled  thereto ;  and  on  the  pro- 
duction of  the  same,  with  such  indorsement  thereon,  the 
recorder  of  the  proper  county  shall  enter  satisfaction  upon 
the  record  thereof.    (B.  S.  1908,  §6758.) 

634.  Loans,  how  collected.     41.     When  the  interest  or 
principal  of  any  such  loan  shall  become  due  and  remain 


356 


SCHOOL    LAW    OF    INDIANA. 


unpaid  the  auditor  shall  proceed  to  collect  the  same  by  a 
suit  on  the  note,  or  by  the  sale  of  the  mortgaged  prem- 
ises, or  both,  as  to  him  may  seem  most  advisable.  He  may, 
also,  by  proper  action,  obtain  possession  of  the  mortgaged 
premises.  (E.  S.  1908,  §6759.) 

635.  Judgment.    42.    In  case  of  suit  on  such  note,  and 
judgment  thereon,  no  stay  of  execution  or  appraisement  of 
property  shall  be  allowed.     (E,  S.  1908,  §6760.) 

636.  Notice  of  sale.    43.    On  failure  to  pay  any  interest 
or  principal,  when  due  on  any  such  mortgage,  the  auditor 
shall  advertise  the  mortgaged  property  for  sale  in  one  or 
more  of  the  newspapers  printed  in  this  state,  for  sixty 
days — such  sale  to  take  place  at  the  court  house  door  in 
Indianapolis.     (E.  S.  1908,  §6761.) 

637.  Sale.    44.    At  the  time  appointed  for  such  sale  the 
auditor  and  treasurer  of  state  shall  attend,  and  the  auditor 
shall  make  sale  of  so  much  of  the  mortgaged  premises  to 
the  highest  bidder,  for  cash,  as  will  pay  the  amount  due 
for  principal,  interest,  damages  and  cost  of  advertising 
and  selling  the  same ;  and  such  sales  may  be  in  parcels,  so 
that    the    whole    amount    required    be    realized.      (E.    S. 
1908,  §6762.) 

638.  When  auditor  to  buy — Resale.    45.    In  case  no  one 
will  bid  the  full  amount  due  as  aforesaid,  the  auditor  shall 
bid  in  the  same,  on  account  of  the  proper  fund ;  and  as  soon 
thereafter  as  may  be,  he  shall  sell  the  same  to  the  highest 
bidder  for  cash,  or  on  a  credit  of  five  years,  interest  being 
payable  annually  in  advance.    (E.  S.  1908,  §6763.) 

639.  Limit  of  bid— Overplus.    46.    The  sale  authorized 
in  the  preceding  section  shall  not  be  for  less  than  the 
amount  chargeable  on  such  land;  but  if  for  more,  the  over- 
plus shall  be  paid  to  the  mortgagor,  his  heirs  or  assigns. 
(E.  S.  1908,  §6764.) 


SCHOOL     LAW     OF     l.XDTAiVA.  357 

640.  Statement  of  sale.    47.    The  treasurer  shall  attend 
and  make  a  statement  of  such  sales,  which  shall  be  signed 
by  the  auditor  and  treasurer,  and,  after  being  duly  re- 
corded in  the  auditor's  office,  shall  be  filed  in  the  treasur- 
er's office,  and  such  record,  or  a  copy  thereof,  authenti- 
cated by  the  auditor's  or  treasurer's  certificate,  shall  be 
received  as  evidence  of  the  matters  therein  contained.     (R. 
S.  1908,  §6765.) 

641.  Title  in  state,  without  deed.    48.    When  any  land 
is  bid  in  by  the  state  at  such  sale,  no  deed  need  be  made 
therefor  to  the  state ;  but  the  statement  of  such  sale,  and  the 
record  thereof  made,  as  in  the  preceding  section  required, 
shall  vest  the  title  in  the  state,  for  the  use  of  the  fund. 
(R.  S.  I  DOS,  ><r>7o-6.) 

642.  Sale  for  cash — Certificate.    49.    In  case  of  a  sale  of 
any  such  land  to  any  person  for  cash,  on  the  production  of 
the  treasurer's  receipt  for  the  purchase  money,  the  auditor 
shall  give  to  the  purchaser  a  certificate,  which  shall  entitle 
him  to  a  deed  for  said  land,  to  be  executed  by  the  governor 
of  this  state  and  recorded  in  the  office  of  the  secretary  of 
state.     (R.  S.  1908,  §6767.) 

643.  Sale  on  credit.    50.    In  like  manner,  when  any  tract 
bid  in  by  the  state  or  sold  on  a  credit,  on  the  execution  and 
delivery  of  a  note  and  mortgage  for  the  proper  amount,  as 
in  other  cases  required,  the  purchaser  shall  be  entitled  to  a 
deed  for  the  same,  to  be  made  as  prescribed  in  the  preced- 
ing section;  and  the  transaction  shall  be  entered,  and  ap- 
pear upon  the  auditor's  and  treasurer's  books  as  a  pay- 
ment of  the  sum  bid,  and  a  reloan  of  the  same  to  the  pur- 
chaser, and  the  proper  receipts  and  warrants  shall  pass 
therefor.    (R.  S.  1908,  §6768.) 

644.  Fees  and  damages.     51.     For  the  services  of  the 
auditor  and  treasurer  in  conducting  such  sales,  they  shall 
be  entitled  to  receive  five  per  cent,  damages,  chargeable 
on  such  sales.     (R.  S.  1908,  §6774.) 


358  SCHOOL     LAW    OK     LXDIAXA. 

645.  Accounts — Reports.  52.  The  auditor  and  treasurer 
shall  keep  fair  and  regular  entries  of  the  sums  received 
and  paid  out  on  account  of  said  fund,  and  shall  include  the 
same  in  their  annual  reports.    (R.  S.  1908,  §6775.) 

646.  Accounts  with  borrowers.    53.    In  addition  thereto, 
the  auditor  shall  keep  fair  and  regular  accounts  with  the 
borrowers  of  said  fund,  and  shall  report  the  names  of  bor- 
rowers with  his  annual  report.    (R.  S'.  1908,  §6776.) 

647.  Interest,  when  loaned,     54.     Should  any  interest 
remain  on  hand,  not  wanted  for  the  use  of  the  university, 
the  same  may  be  loaned  as  other  funds.    (R.  S.  1908,  §6777.) 

648.  Unsold  lands.    55.    The  care  and  disposition  of  the 
lands  belonging  to  and  for  the  use  of  said  university,  re- 
maining unsold  or  unpaid  for,  shall  be  vested  in  the  present 
commissioners  of  the  reserved  townships  in  the  counties  in 
which  such  lands  may  lie,  who  shall  sell  such  as  remain  un- 
sold, and  such  as  are  forfeited  for  non-payment,  on  such 
terms  and  under  such  regulations  as  the  board  of  trustees 
of  such  university  may  provide;  except  that,  in  every  in- 
stance, the  interest  on  the  purchase  money  must  be  paid  in 
advance.    No  purchaser,  his  heirs  or  assigns,  shall  have  the 
right  to  cut  down  or  destroy  timber  standing  upon  such 
land,  other  than  for  the  erection  of  fences  and  buildings 
thereon,  or  for  firewood  to  be  used  on  the  premises,  and  in 
fairly  improving  it  for  cultivation.     (R.  S.  1908,  §6778.) 

649.  Certificates  of  payment — Patent,    56.    On  the  first 
payment  for  any  such  land  being  made,  the  proper  com- 
missioner shall  execute  to  the  purchaser  a  certificate  there- 
for; and,  on  final  payment,  the  original  certificate  shall  be 
surrendered  to  the  commissioner,  and  by  him  filed  away, 
and  he  shall  give  to  the  purchaser  two  final  certificates, 
stating  the  whole  amount  of  principal  and  the  whole  amount 
of  interest  paid,   one  of  which  certificates   shall   be  for- 
warded to  the  auditor  of  state;  and  on  presentation  of  the 
other  to  the  auditor  of  state,  if  in  all  things  correct,  he 


SCHOOL     LAW    OK     INDIANA. 


359 


shall  countersign  the  same,  which  shall  entitle  the  owner 
to  a  patent,  to  be  issued  by  the  governor  for  the  land  so 
paid  for.  (R.  S.  1908,  §6779.) 

650.  Leases.    57.     Such  commissioners  may,  from  time 
to  time,  lease  any  such  unsold  improved  land,  for  a  term 
not  exceeding  one  year,  until  the  same  can  be  sold;  and 
such  leases  shall  be  guarded  against  trespass  'and  waste 
by  proper  covenants.    (R.  S.  1908,  §6780.) 

651.  Commissioners'  report.     58.     Such  commissioners 
shall  make  an  annual  report  to  the  board  of  trustees  of  the 
lands  remaining  unsold,  such  as  are  forfeited,  such  as  are 
not  fully  paid  for,  the  amount  due,  and  money  collected 
from  sale,  as  interest  or  principal;  which  report  shall  be 
subscribed  and  sworn  to  by  such  commissioners,  respective- 
ly, and  be  incorporated  in  the  annual  report  of  such  board 
to  the  general  assembly.    (R.  S.  1908,  §6781.) 

652.  Commissioners'  duty.  59.  Money  collected  by  such 
commissioners  shaft  be  paid  over  to  the  treasurer  of  the 
board,  who  shall  execute  to  such  commissioners  two  re- 
ceipts therefor,  each  specifying  the  persons  for  whom  such 
money  was  collected,  and  the  amount  thereof,  whether  for 
interest  or  principal ;  one  of  which  receipts  shall  be  immedi- 
ately forwarded  to  the  auditor  of  state,  to  be  by  him  used 
in  his  settlement  with  such  treasurer.     (R.  S.  1908,  §6782.) 

653.  Pay  of  commissioners.    60.    Such  board  shall  regu- 
late the  compensation  of  such  commissioners,     (R.  S.  1908, 

-'" 


6783. 


654.  Patents,  and  recording.    61.    Patents  for  land  sold 
shall  be  made  by  the  governor,  and  recorded  in  the  office  of 
the  secretary  of  state.    (R.  S.  1908,  §6784.)   - 

[1855,  p.  201.    Approved  March  3.  1855.) 

655.  Pay  for  managing  fund.    7.    The  auditor  of  state 
and  the  treasurer  of  state,  for  the  management  of  the  uni- 


360  SCHOOL    LAW    OF    INDIANA. 

versity  fund,  shall  be,  jointly,  entitled  to  receive  five  per 
centum  upon  the  interest  paid  in  on  such  fund;  and  it  shall 
not  be  lawful  for  them,  or  either  of  them,  to  make  any  other 
charges  against  the  same.  (E.  S.  1908,  §6785.) 

656.  Extension  of  payments.    8.    The  time  for  the  final 
payments  to  be  made  by  the  holders  of  original  certificates 
for  the  purchase  of  lands  reserved  and  granted  to  the  state 
university  of  Indiana,  in  the  case  of  all  such  certificates  as 
have  heretofore  been  issued  and  are  now  outstanding,  shall 
be  extended  for  the  further  term  of  three  years  from  the 
time  when  the  same  may,  respectively,  fall  due.     (E.  S. 
1908,  §6786.) 

657.  Forfeiture,  how  prevented.    9.    Any  and  all  holders 
of  such  certificates,  as  aforesaid,  who  have  forfeited  such 
lands  by  the  non-payment  of  interest    on    the    purchase 
money,  shall  be  exempted  and  released  from  such  forfeit- 
ure by  paying,  to  the  commissioners  of  such  lands,  on  or 
before  the  first  day  of  August,  in  the  year  1855,  all  interest 
due  on  the  same,  together  with  the  interest  upon  the  amount 
due  at  the  time  of  such  forfeiture  up  to  the  time  of  said 
payment;  and  upon  such  payment  being  made,  in  the  man- 
ner, and  within  the  time  herein  specified,  the  holder  of  such 
certificate  shall  have  the  same  rights  under  it  as  if  such 
forfeiture  had  never  occurred.     (E.  S.  1908,  §6787.) 

658.  Forfeited  lands.    10.    If  any  portion  of  said  lands 
now  forfeited  shall  not  have  been  redeemed  on  said  first 
day  of  August  next,  as  provided  in  the  preceding  section,  it 
shall  be  the  duty  of  the  commissioners  of  such  reserved 
lands  to  sell  the  same  for  the  best  price  they  can  obtain, 
not  less  than  the  original  purchase  price,  allowing  the, pur- 
chaser a  credit  on  the  same  as  now  provided  by  law.    If 
any  of  such  lands  shall  hereafter  be  forfeited,  it  shall  be 
the  duty  of  such  commissioners,  if  the  same  be  not  re- 
deemed within  six  months  from  the  time  of  such  'forfeiture, 
to  sell  the  same  on  the  terms  in  this  section  above  provided 
For  their  services  in  effecting  such  sales,  the  commission- 


SCHOOL     LAW     OF    INDIANA.  361  • 

ers  shall  be  entitled  to  retain,  out  of  the  first  money  re- 
ceived from  the  purchasers,  five  per  cent,  upon  the  amount 

of  the  purchase  price  of  such  lands.     (R.  S.  1908,  §6788.) 

[1859,  p.  234.    Approved  March  2,  1859.] 

659.  Appraisement  of  lands.    1.    The  board  of  trustees 
of  the  Indiana  university  shall  cause  to  be  appraised  the 
land  granted  by  the  United  States  to  the  state  of  Indiana 
for  the  use  of  the  said  university.     (R.  S.  1908,  §6789.) 

660.  Where  filed  and  recorded.    2.    It  shall  be  the  duty 
of  the  said  trustees,  when  the  said  appraisement  shall  have 
been  made,  to  record  the  same  upon  their  books,  and  to  file 
a  copy  of  the  same  in  the  office  of  the  auditor  of  state,  to 
be,  by  said  auditor,  recorded  in  his  office;  and,  also,  to  file 
copies  of  such  appraisements  of  the  lands  in  the  respec- 
tive counties  in  the  office  of  the  auditor  of  the  county  where 
the  lands  are  situate,  to  be  by  said  county  auditor  recorded. 
( R.  S.  1908,  §6790.) 

661.  Duty  of  county  auditors.    3.    The  auditor  of^each 
of  the  said  counties  shall,  upon  said  appraisements  being 
filed  as  aforesaid,  and  when  required  to  do  so  by  the  said 
board  of  trustees,  offer  for  sale  so  much  of  the  said  lands 
as  may  be  within  their  respective  counties  at  public  auc- 
tion, in  the  manner  hereinafter  mentioned.     (R.  S.  1908, 
§6791.) 

662.  Notice  of  sale.     4.     Notice  of  the  time,  place  and 
conditions  of  such  sale  shall  be  given  by  publication,  for 
four  weeks  successively  in  a  newspaper  published  in  such 
county,  if  any  there  be ;  if  not,  in  a  newspaper  in  this  state 
published  nearest  thereto,  and  also  by  posting  up  written 
or  printed -notices  thereof  in  three  of  the  most  public  places 
in  the  township  in  which  the  lands  are  situated,  and  a  like 
notice  at  the  courthouse  door  at  the  county  seat.     (R.  S. 
1908,  §6792.) 


362  SCHOOL    LAW    OF    INDIANA.     ' 

663.  Sale.    5.    The  place  of  sale  for  said  lands  shall  be 
at  the  courthouse  in  each  county  of  the  state  in  which  the 
said  lands  may  be  situated,  and  it  shall  be  the  duty  of  the 
county  auditor  to  attend  at  the  courthouse  of  his  county 
at  the  time  mentioned  in  the  notice  of  the  sale  of  said  lands, 
and  offer  for  sale  at  public  auction,  in  legal  subdivisions, 
and  as  near  as  practicable,  in  half-quarter  sections,  all  the 
lands  lying  within  his  county;  and,  for  that  purpose  he 
shall  continue  the  sale  from  day  to  day,  until  all  the  said 
lands  shall  have  been  offered  for  sale.     (R.  S.  1908,  §6793.) 

664.  Terms  of  sale.    6.    The  said  lands  shall  be  offered 
for  sale  at  the  time  and  place  mentioned  in  such  publica- 
tion, and  struck  off  to  the  highest  bidder,  by  said  county 
auditor  and  county  treasurer,  for  a  price  not  less  than  the 
appraised  value  thereof — one-fourth  of  the  purchase  money 
to  be  paid  in  hand,  and  the  remaining  three-fourths  at  the 
expiration  of  ten  years  from  the  date  of  such  sale,  with 
interest  annually  in  advance,  at  the  rate  of  seven  per  cent, 
per  annum,  upon  the  residue  or  deferred  payment.     (E.  S. 
1908,  §6794.) 

665.  Private  entry.    7.    When  any  of  said  lands,  offered 
at  public  sale  as  aforesaid,  shall  remain  unsold,  they  shall 
be  subject  to  private  entry  with  the  county  auditor  and 
county  treasurer  of  each  county,  upon  the  same  terms  and 
conditions  as  lands  sold  at  public  auction,  for  a  sum  not  less 
than  the  appraised  value  thereof,  by  any  person  applying 
to -enter  the  same.    (R.  S.  1908,  §6795.) 

666.  Certificate  of  purchase.    8.    When  any  sale  shall  be 
effected,  either  at  public  or  private  sale  as  aforesaid,  the 
county  auditor  shall  give  to  the  purchaser  thereof  a  certifi- 
cate, signed  by  him  officially,  bearing  date  on  the  day  of 
sale,  stating  therein  the  name  of  the  purchaser,  the  tract  or 
tracts  of  land  purchased  by  him,  the  number  of  acres  con- 
tained in  said  tract  or  tracts,  the  price  per  acre,  and  the 
whole  sum  for  which  the  same  was  sold,  the  amount  of  prin- 
cipal paid,  and  the  amount  of  interest  paid  in  advance. 
(R.  S.  1908,  §6796.) 


SCHOOL     LAW    OF     INDIANA. 


363 


667.  Certificate  to  be  registered.     9.     Said  certificate 
shall  be  registered  by  the  county  auditor  in  a  book  provided 
for  that  purpose,  by  entering  in  said  book  a  correct  copy 

thereof.    (R.  S.  1908,  §6797.) 

668.  Certificate  assignable.    10.    Said  certificates  of  en- 
try shall  be  evidence  of  title  to  the  land  therein  mentioned 
in  the  persons  in  whose  names  they  shall  issue,  or  their 
assigns,  and  shall  be  assignable,  provided  such  assignments 
be  acknowledged  before  the  auditor  of  the  county  wherein 
the  land  is  situated  (who  is  hereby  authorized  to  take  such 
acknowledgments),  and  recorded  by  said  auditor  in  a  book 
to  be  kept  by  him  for  that  purpose;  for  which  service  the 
said  auditor  shall  be  entitled  to  receive  a  fee  of  fifty  centsr 
to  be  paid  by  the  assignor  of  such  certificate.     (R.  S.  1908, 
§6798.) 

669.  Forfeiture.     11.     On  failure  of  any  purchaser  to 
pay  any  installment  of  interest  on  said  deferred  payment 
of  purchase  money  when  the  same  becomes  due,  the  con- 
tract shall  become  forfeited  and  the  land  shall  immediately 
revert  to  the  state  for  the  use  of  said  university,  and  the 
county  auditor  shall  forthwith  proceed  to  sell  the  same  in 
the  manner  and  on  the  terms  hereinbefore  specified  for 
said  public  sales.    (R.  S.  1908,  §6799.) 

670.  Surplus.     12.     If,  on  such  subsequent  sale,  such 
lands  shall  produce  more  than  is  sufficient  to  pay  the  sum 
owing  therefor,  with  interest  and  costs  and  five  per  cent. 
damages  upon  the  amount  due  on  such  lands,  the  surplus 
shall,  when  collected,  be  paid  over  to  the  purchaser  so  for- 
feiting or  his  legal  representative.     (R.  S.  1908,  §6800.) 

671.  Forfeiture,  how  prevented.     13.    At  any  time  be- 
fore such  subsequent  sale,  payment  of  the  sum  due,  with 
interest  for  the  delay,  and  all  costs,  together  with  two  per 
cent,  damages  upon  the  amount  due  on  such  lands,  shall 
prevent  such  sale  and  revive  the  original  contract.     (R.  S. 
1908,  §6801.) 


364 


SCHOOL    LAW    OF    INDIANA. 


672.  Land,  how  redeemed,     14.     The  former  owner  of 
any  lands  sold  as  delinquent,  his  heirs,  executors  or  ad- 
ministrators, may,  at  any  time  within  one  year  after  such 
resale,  redeem  the  same  by  paying  to  the  purchaser,  his 
heirs  or  assigns,  or  to  the  county  treasurer,  for  him  or 
them,  the  amount  of  purchase  money  paid  by  such  pur- 
chaser, together  with  all  subsequent  payments,  either  of 
principal  or  interest,  which  such  purchaser,  or  those  claim- 
ing under  him,  may  have  made  thereon,  with  interest  at 
the  rate  of  ten  per  cent,  per  annum.    (R.  S.  1908,  §6802.) 

673.  Security.     15.     The  board  of  trustees  may  require 
security  from  the  purchaser  at  any  of  said  sales,  sufficient 
to  prevent  any  waste  being  committed  upon  the  lands  by 
the  removal  of  timber  therefrom,    or    otherwise.     (R.  S. 
1908,  §6803.) 

674.  Suit  for  waste.     16.     In  case  of  any  forfeiture  as 
aforesaid,  the  purchaser  so  forfeiting  shall  be  liable  and 
may  be  sued  for  unnecessary  injury  or  waste  done  to  such 
land,  and  damages  to  double  the  amount  of  such  injury  or 
waste  recovered  therefor  —  such  suit  to  be  begun  and  prose- 
cuted by  the  auditor  of  the  county  where  the  land  lies,  in 
the  name  of  the  state  of  Indiana,  for  the  use  of  said  uni- 
versity.   (R.  S.  1908,  §6804.) 

675.  Patent,  on  full  payment.    17.    On  full  payment  be- 
ing made  for  any  such  land  the  county  auditor  shall  issue- 
to  the  purchaser,  or  his  assignee,  a  final  certificate  there- 
for; which,  upon  presentation  to  the  auditor  of  state,  shall 
entitle  the  owner  thereof  to  a  patent  for  the  land  described 
therein,  to  be  issued  by  the  governor  and  recorded  in  the 
office  of  the  secretary  of  state.     (R.  S.  1908,  §6805.) 


676.  Auditor's  report.  18.  The  county  auditor 
make,  on  the  first  Monday  of  each  month,  a  report  of  his 
sales  of  said  lands  to  the  secretary  of  the  board  of  trus- 
tees and  to  the  auditor  of  stnte,  showing  the  date  of  sale, 
the  description  of  the  lands  sold  from  time  to  time,  the 


SCHOOL     LAW    OF     IXDIAXA.  365 

number  of  acres,  the  price  per  acre,  the  total  amount  of  in- 
terest paid,  and  of  all  forfeitures,  re-sales  and  redemptions 
thereof.  (B,  S.  1908,  §6806.) 

677.  Treasurers'  report.    19.    The  county  treasurer  shall 
make*  a  report,  on  the  first  Monday  of  each  month,  to  the 
treasurer  of  the  board  of  trustees  of  the  university  and  to 
the  treasurer  of  state,  of  all  moneys  received    by    him, 
whether  principal  or  interest,  on  account  of  such  lands;  and 
the  said  board  of  trustees  shall  require  the  books  of  their 
secretary  and  treasurer  to  be  so  kept  as  to  exhibit  the  true 
condition  of  the  accounts  of  all  such  purchases  and  sales  of 
tin-  said  lands.     (R.  8.  1908,  §6807.) 

678.  To  pay  money  to  state  treasurer.    20.    The  county 
treasurer  shall,  on  the  first  Monday  of  each  month,  pay 
over  to  the  treasurer  of  state  all  sums  received  on  account 
of  the  principal  of  the  purchase  money  of  said  lands,  and 
shall  pay  to  the  treasurer  of  the  board  of  trustees  of  the 
university  all  sums  received  on  account  of  the  interest  upon 
the  purchase  money  of  the  said  lands.     (R,  S.  1908,  §6808.) 

679.  Pay  to  auditor  and  treasurer.     21.     The  several 
county  auditors  and  treasurers  shall  receive  for  their  serv- 
ices the  same  compensation  which  may,  from  time  to  time, 
be  allowed  by  law  for  similar  services  in  relation  to  the 
sale  of  common  school  lands,  which  shall  be  in  full  for  all 
their  services  required  by  this  act.     (R.  S.  1908,  §6809.) 

680.  Loans.    22.    The  auditor  of  state  shall  loan  out  the 
said  principal   of  the  moneys  received   from   the  several 
county  treasurers  on  account  of  said  sales,  in  the  same 
manner,  and  requiring-  the  same  security,  as  other  portions 
of  the  university  fund  is  now  or  may  hereafter  be  required 
by  law  to  be  loaned  out,  and  shall  pay  over  to  the  treasurer 
of  "the  board  of  trustees  the  interest  derived  from  said  prin- 
cipal, as  a  part  of  the  income  of  the  university.    The  said 
auditor  of  state  shall,  in  his  annual  report  to  the  legis- 
lature, report  the  names  of  the  borrowers  of  the  whole  of 


SCHOOL    LAW    OF    INDIANA. 

the  university  fund,  the  amount  borrowed  by  each,  and  the 
total  amount  on  loan  at  the  date  thereof,  and  the  amount 
of  the  suspended  debt,  if  any,  and  in  whose  name  forfeited. 
(E.  S.  1908,  §6810.) 

681.  Disposition  of  proceeds.    23.    Of  the  first  proceeds 
of  said  sum,  the  said  board  of  trustees  shall  be  entitled  to 
receive  an  amount  equal  to  the  amount  of  interest  belong- 
ing to  the  university  and  loaned  out  as  principal  by  the 
auditor  of  state,  as  shown  by  the  report  of  that  officer  to 
the  general  assembly  at  the  session  of  1851-52 ;  which  shall 
be  paid  to  the  treasurer  of  the  board  of  trustees  of  the  uni- 
versity, and  be  applied,  under  the  order  of  the  board  of 
trustees,  to  the  discharge  of  the  debts  growing  out  of  the 
rebuilding  of  the  university,  and  to  the  purchase  of  a  suit- 
able library,  philosophical  apparatus  therefor,  or  proper 
furniture,  in  place  of  those  destroyed  by  the  burning  of  the 
university.     (R.  S.  1908,  §6811.) 

682.  Report  of  sales.    24.    The  board  of  trustees  shall, 
in  their  annual  report,  include  a  full  statement  of  the 
amount  of  the  sales  of  such  lands,  and  the  application  of 
the  funds  received  therefor,  as  reported  to  them,  from  time 
to  time.    (R.  S.  1908,  §6812.) 

683.  One  trustee  to  attend  sales.    25.     One  member  of 
the  board  of  trustees,  to  be  designated  by  the  board,  shall 
attend  to  the  public  sales  of  the  said  lands,  to  prevent  com- 
binations injurious  to  the  interests  of  the  university;  and 
he  shall  have  power  to  withdraw  the  said  lands,  or  any  por- 
tion thereof,  from  sale,  when,  in  his  judgment,  the  inter- 
ests of  the  university  would  be  thereby  promoted,  and  shall 
have  the  power  and  right  to  designate  and  determine  in 
what  subdivisions  any  of  the  said  lands  may  be  sold,  at  the 
time  of  said  public  sale,  for  the  best  interests  of  the  said 
university.    (R.  S.  1908,  §6813.) 

684.  No  member  to  deal  in  the  lands.    26.    No  member 
of  the  board  of  trustees  of  the  university  shall  either  di- 
rectly or  indirectly,  become  the  purchaser  of  any  such  lands 


sriIOOL    LAW    OF    INDIANA.  367 

at  any  sale  made  by  the  county  auditor,  or  by  private  entry 
with  the  auditor,  after  any  forfeiture  of  purchase,  and  any 
sale  made  to  any  member  of  the  said  board,  contrary  to  the 
provisions  of  this  section,  shall  be  absolutely  void,  and  the 
purchase-money,  and  interest  which  may  have  been  paid 
thereon,  shall  be  forfeited  to  the  university  fund.  (R.  S. 
1908,  §6814.) 

685.  Trustees  to  get  information.    27.    The  commission- 
ers of  the  university  lands  in  Gibson  and  Monroe  counties, 
and  the  several  county  auditors  and  treasurers  of  the  coun- 
ties in  which  any  of  the  university  lands  are  situated  shall 
furnish  such  information  in  relation  to  the  lands  and  other 
property  of  the  university,  as  may,  from  time  to  time,  be 
required  of  them  by  the  said  board  of  trustees,  and  shall 
report,    annually,  the  amount  of  unpaid    purchase-money 
due  on  the  lands  sold  for  the  use  of  the  said  university,  in 
each  of  their  counties.     (R.  S.  1908,  §6815.) 

[1897,  p.  117.    Approved  March  2,  1897.] 

686.  State  treasurer  collects  loan.    1.    The  treasurer  of 
state  shall  proceed  at  once  to  collect  all  outstanding  loans 
belonging  to  the  permanent  endowment  fund  of  the  state 
university,  located  at  Bloomington,  which  may  be  due,  and 
shall  collect  all  other  loans  belonging  to  said  fund,  as  fast 
as  they  become  due,  which  money,  together  with  all  other 
moneys  that  come  into  the  hands  of  said  treasurer,  belong- 
ing to  said  fund,  shall  be  immediately  apportioned  by  the 
auditor  of  state  pro  rata  among  the  several  counties  in  this 
state,  according  to  population,  as  ascertained  by  the  enum- 
eration taken  and  made  in  the  year  1895,  for  legislative  ap- 
portionment, and  that  the  treasurer  of  state,  immediately 
thereafter,  pay  the  same  to  the  several  county  treasurers, 
according  to  said  apportionment  made  by  the  said  auditor 
of  state,  and  take  their  receipts  therefor ;  and  semi-annual- 
ly,  on  the  first  day  of  May  and  November  of  each  year,  the 
said  auditor  of  state  shall  apportion  the  amount  collected 
during  the  preceding  six  months,  and  the  treasurer  of  state 
shall  pay  the  same  to  the  respective  county  treasurers  as 
above  provided.    (R,  S.  1908,  §6770.) 


368 


SCHOOL    LAW    OF    INDIANA. 


687.  County  auditors  loan.    2.    The  said  moneys  so  dis- 
tributed and  paid  to  said  counties,  as  provided  by  section 
one  (1)  of  this  act,  shall  be  loaned  by  the  auditors  of  the 
respective  counties  in  the  same  manner  and  on  the  same 
terms  and  conditions  and  under  the  same  restrictions,  sub- 
ject to  the  same  limitations,  and  said  loans  shall  be  again 
collected  from  the  borrower,  as  the  common  school  funds 
are  now  loaned  and  collected.    And  the  said  several  coun- 
ties shall  be  liable  in  the  same  manner  and  to  the  same  ex- 
tent for  the  principal  and  interest  of  said  fund,  and  for  the. 
payment  of  the  same,  as  they  are  now  liable  for  the  pay- 
ment of  the  interest  and  principal  of  the  common  school 
funds.    (R.  S.  1908,  §6771.) 

688.  Auditor  of  state  can  not  loan.    3.    The  auditor  of 
state  is  hereby  prohibited  from  making  any  further  loans 
from  said  fund,  and  all  money  in  his  hands  belonging  there- 
to shall  be  by  the  auditor  of  state  apportioned,  and  by  the 
treasurer  of  state  paid  to  the  several  counties,  where  ap- 
portionment is  made  as  provided  in  section  one  (1)  of  this 
act.    (R.  S.  1908,  §6772.) 

689.  Counties  pay  interest.    4.    The  several  counties  of 
this  state  shall  pay  the  interest  on  said  fund  to  the  treas- 
urer of  state  at  the  same  time  and  in  the  same  manner  as 
interest  is  now  paid  on  the  school  fund,  and  said  treasurer 
of  state  shall  at  once  pay  the  same  to  the  trustees  of  the 
Indiana  university  and  take  proper  receipts  therefor.     (R. 
S.  1908?  §6773.) 

[1903,  p.  142.    Approved  March  3,  1903.] 

690.  Suit  for  deficiency  after  sale.    1.    In  all  cases  where 
the  auditor  of  state  has  made  loans  from  the  university 
fund,  college  fund  or  the  permanent  endowment  fund  of 
the  Indiana  state  university,  which  said  loans  were  secured 
by  mortgage  upon  real  estate,  and  when  said  mortgaged 
premises  have  been  heretofore  or  which  may  be  hereafter 
forfeited  to  the  state  for  non-payment  of  the  amount  due 
thereon,  or  have  been  heretofore  or  hereafter  shall  be  bid 
in  by  the  auditor  of  state  for  the  benefit  of  said  respective 


SCHOOL    LAW    OF    INDIANA.  369 

funds,  and  where  said  mortgaged  premises  when  sold  ac- 
cording to  law  after  having  been  forfeited  or  bid  in  by  the 
auditor  of  state  have  failed  or  shall  fail  to  sell  for  a  sum 
sufficient  to  satisfy  the  principal  and  interest*  of  the  loan 
made  and  the  damages  accrued  by  reason  of  such  failure 
and  costs,  the  auditor  of  state  shall  bring  suit  on  the  note 
executed  by  the  mortgagor  for  the  deficiency,  for  which  de- 
ficiency the  maker  shall  be  liable;  and  when  judgment  shall 
be  rendered  thereon,  no  appraisement  of  property  shall  be 
allowed  on  execution  issued  on  such  judgment.  (E.  S.  1908, 
§6769.) 

[1909,  p.  99.    Approved  March  2,  1909.) 

691.  School  of  medicine.  1.  The  trustees  of  Indiana 
University  are  hereby  authorized  to  conduct  a  medical 
school  in  Marion  county,  Indiana,  and  to  receive  gifts  of  real 
estate  and  other  property  on  behalf  of  the  State  of  Indiana 
for  tlio  maintenance  of  medical  education  in  said  county, 
conditioned  that  said  trustees  shall  conduct  as  an  integral 
part  of  the  Indiana  University  school  of  medicine  a  full  four 
years'  course  in  medicine  in  said  Marion  county,  Indiana: 
Provided,  That  there  shall  be  no  discrimination  for  or 
against  any  school  or  system  of  medicine  in  the  university, 
and  that  all  or  each  of  the  schools  or  systems  of  medicine 
now  recognized  by  the  state  shall  have  adequate  opportunity 
to  teach  the  practice  of  medicine  in  the  university  according 
to  the  principles  advocated  by  them  respectively,  and  that  it 
shall  be  the  duty  of  the  trustees  of  Indiana  University  to 
provide  such  instruction  in  as  thorough  a  manner  as  the 
means  at  their  disposal  will  permit,  and  as  nearly  as  possible 
to  provide  the  same  quality  of  instruction  whenever  a  rea- 
sonable demand  shall  be  made  for  the  same:  Provided,  fur- 
ther, That  premedical  or  other  collegiate  work  done  in  any 
college  or  university  of  Indiana,  which  is  recognized  by  the 
state  board  of  education  of  Indiana  as  a  standard  college  or 
university,  shall  be  received  and  credited  in  the  Indiana 
University  school  of  medicine  upon  the  same  conditions  as 
work  of  the  same  kind,  grade  and  amount  done  in  the  de- 
partment of  liberal  arts  of  Indiana  University. 

[24—27277] 


370 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XXIII. 

PURDUE   UNIVERSITY. 


SEC. 
692. 


700. 
701. 
702. 
703. 
704. 
705. 
706. 
707. 


Agricultural  college  scrip. 

The  first  trustees  and  original  name. 

Sale  and  investment  of  scrip. 

Donations  accepted. 

Location. 

Permanent  name. 

Corporate  name— Powers    and    duties    of 

trustee. 

Dedication  of  street. 
Power  to  dedicate. 
Privileges  of  John  Purdue. 
Amendment  or  repeal. 
Appointment  of  trustees. 
Term  of  office. 
Vacancies,  how  filled. 
Officers — Treasurer's  bond  and  duties. 
County  students. 


SEC. 

708.  Students. 

709.  Investment  of  fund. 

710.  Gift  to  establish  school  of  technology. 

711.  Farmer's  reading  courses. 

712.  Agriculture — Rural     improvement — Appro- 

priation. 

713.  Uses  of  appropriation. 

714.  Extension  department. 

715.  Farmer's  institute— County  auditor. 

716.  County  council — Appropriation.- 

717.  Repeal. 

718.  Acceptance  of  U.  S.  grant. 

719.  Agricultural   experiment    station    \vork — 

Appropriation. 

720.  Uses  of  appropriation. 

721.  Work— How  carried  on. 


[1865,  p.  106.    Approved  March  6, 1865.] 

692.  Agricultural  college  scrip.     1.     The  State  of  In- 
diana accepts  and  claims  the  benefits  of  the  provisions  of 
the  acts  of  congress,  approved  July  2,  1862,  and  April  14, 
1864,  and  assents  to  all  the  conditions  and  provisions  in 
said  acts  contained.     (R.  S.  1908,  §6844.) 

1.  CONGRESSIONAL  LEGISLATION.  The  acts  of  congress  referred  to  in 
this  section  will  be  found  in  the  acts  of  18G5  (p.  100),  set  out  at  length 
in  the  preamble. 

693.  The  first  trustees,  and  original  name.    2,    The  gov- 
ernor of  this  state,  for  the  time  being,  and  Alfred  Pollard 
of  Gibson,  Smith  Vawter  of  Jennings,  Henry  Taylor  of 
Tippecanoe,  and  Lewis  Burk  of  Wayne,  and  their  succes- 
sors, are  created  a  body  corporate,  under  the  name  of  ' t  The 
Trustees  of  the  Indiana  Agricultural   College."     (R.   S. 
1908,  §6845.) 

694.  Sale  and  investment  of  scrip.     5.     Said  trustees 
shall,  by  the  hand  of  their  treasurer,  claim  and  receive 
from  the  secretary  of  the  interior  the  land  scrip  to  which 


SCHOOL     LAW    OF     INDIANA. 


371 


this  state  is  entitled  by  the  provisions  of  said  acts  of  con- 
gress; and,  under  their  direction,  said  treasurer  shall  sell 
the  same,  in  such  manner  and  at  such  times  as  shall  be 
most  advantageous  to  the  state,  and  shall  invest  the  pro- 
ceeds thereof,  and  any  interest  that  may  accrue  thereon,  in 
the  stocks  of  the  United  States,  or  of  this  state,  yielding 
not  less  than  five  per  centum  per  annum,  upon  the  par  value 
of  the  stocks ;  and  said  principal  and  interest  shall  continue 
to  be  so  invested,  until  further  provision  shall  be  made  by 
the  general  assembly  of  this  state  for  fulfilling  the  require- 
ments of  said  acts  of  congress.  (R.  S.  1908,  §6846.) 

[1869.  p.  24.    Approved  May  6,  1869.] 

695.  Donations  accepted.     1.     The  donation  offered  by 
John  Purdue,  as  set  forth  and  communicated  to  the  present 
general  assembly  in  the  message  of  the  governor,  on  the 
sixteenth  day  of  April,  1869,  and  the  donations  offered  by 
the  county  of  Tippecanoe,  the  trustees  of  the  Battle-Ground 
institute,  and  the  trustees  of  the  Battle-Ground  institute  of 
the  Methodist  Episcopal  church,  as  set  forth  and  communi- 
cated to  the  general  assembly,  at  its  last  session,  in  the 
message  of  the  governor,  of  the  twenty-seventh  day  of 
January,  1869,  are  hereby  accepted  by  the  state  of  Indiana. 
(R.  S.  1908,  §6847.) 

696.  Location.     2.     The  college  contemplated  and  pro- 
vided by  the  act  of  congress,  approved  July  2,  1862,  entitled 
"An  act  donating  public  lands  to  the  several  states  and 
territories  which  may  provide  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts,"  is  hereby  located  in 
Tippecanoe  county,  at  such  point  as  may  be  determined  be- 
fore the  first  day  of  January,  1870,  by  a  majority  vote  of 
the  trustees  of  the  Indiana  agricultural  college;  and  the 
faith  of  the  state  is  hereby  pledged  that  the  location  so 
made  shall  be  permanent.    (R.  S.  1908,  §6848.) 

679.  Permanent  name.  3.  In  consideration  of  said  do- 
nation by  John  Purdue,  amounting  to  one  hundred  and  fifty 
thousand  dollars,  and  of  the  further  donation  of  one  hundred 


372 


SCHOOL    LAW    OF    INDIANA. 


acres  of  land  appurtenant  to  the  institution,  and  on  condi- 
tion that  the  same  be  made  effectual,  the  said  institution, 
from  and  after  the  date  of  its  location  as  aforesaid,  shall 
have  the  name  and  style  of  "Purdue  university;"  and  the 
faith  of  the  state  is  hereby  pledged  that  said  name  and  style 
shall  be  the  permanent  designation  of  said  institution,  with- 
out addition  thereto  or  modification  thereof.  (E.  S.  1908, 
§6849.) 

698.  Corporate  name — Powers  and  duties  of  trustees.    4. 
From  and  after  the  date  of  the  location  made  as  aforesaid, 
the  corporate  name  of  the  trustees  of  the  Indiana  agri- 
cultural college  shall  be  "The  trustees  of  Purdue  univer- 
sity"; and  they  shall  take  in  charge,  have,  hold,  possess, 
and  manage,  all  and  singular,  the  property  and  moneys 
comprehended  in  said  donations,  as  also  the  fund  derived 
from  the  sale  of  the  land  scrip  donated  under  said  acts 
of  congress,  and  the  increase  thereof,  and  all  moneys  or 
other  property  which  may  hereafter  at  any  time  be  do- 
nated to  and  for  the  use  of  said  institution.     They  shall 
also  have  power  to  organize  said  university  in  conformity 
with  the  purposes  set  forth  in  said  acts  of  congress,  hold- 
ing their  meetings  at  such  times  and  places  as  they  may 
agree    on,    a    majority    of    their    number    constituting    a 
quorum.    They  shall  provide  a  seal ;  have  power  to  elect  all 
professors  and  teachers,  removable  at  their  pleasure;  fix 
and  regulate  compensations;  do  all  acts  necessary  and  ex- 
pedient to  put  and  keep  said  university  in  operation;  and 
make  all  by-laws,  rules,  and  regulations  required  or  proper 
to  conduct  and  manage  the  same.    (E.  S.  1908.  §6850.) 

[1893,  p.  36.    Approved  February  17,  1993.] 

699.  Dedication  of  street.     1.     The  trustees  of  Purdue 
university  are  hereby  empowered  to  dedicate  for  a  public 
street,  adjoining  the  town  of  West  Lafayette,  Indiana,  a 
strip  of  land  thirty  feet  in  width,  and  described  as  follows : 
beginning  at  the  southeast  corner  of  the  lands  owned  by 
said  university,  and  running  thence  north  along  the  east 
side  of  said  university  lands  to  the  state  road,  a  distance 
of  about  thirteen  hundred  and  fifty  feet.    (E,  S.  1908,  §6861. ) 


SCHOOL    LAW    OF    INDIANA.  373 

700.  Power  to  dedicate.    2.    That  the  trustees  of  Purdue 
university  are  hereby  empowered  to  dedicate  for  public 
streets  such  strips  of  lands  extending  through  or  along  the 
grounds  owned  by  said  university  as  they  may  deem  for 
the  best  interest  of  said  university.    (E.  S.  1908,  §6862.) 

[1869,  p.  24.    Approved  May  6, 1869.] 

701.  Privileges  of  John  Purdue.    5.    In  further  consid- 
eration of  his  said  donation,  John  Purdue  shall,  from  and 
after  the  taking  effect  of  this  act,  be  added  as  a  member 
of  said  trustees  of  the  Indiana  agricultural  college,  and  he 
shall  also  be  a  member  of  sajd  trustees  of  Purdue  uni- 
versity.   Should  he,  at  any  time,  cease  to  be  such  member, 
he  shall  be  continued  as  an  advisory  member  of  said, trus- 
tees;   and  he   shall,   during  his   lifetime,   have   visitorial 
power,  for  the  purpose  of  inspecting  the  property,  real  and 
personal,  of  said  university,  recommending  to  the  trustees 
such  measures  as  he  may  deem  necessary  for  the  good  of 
the  university,  and  investigating  the  financial  concerns  of 
the  corporation.     And  he  is  authorized  to  make  report  of 
his  examination,  inspection,  and  inquiries,  to  the  general 
assembly,  at  any  session  thereof.     (R.  S.  1908,  §6852.) 

702.  Amendment  or  repeal.    6.    This  act  shall  be  subject 
to  future  amendment  or  repeal,  except  so  far  as  it  provides 
for  the  acceptance  of  donations,  the  location  of  the  college, 
the  name  and  style  thereof,  and  the  rights  and  privileges 
conferred  upon  John  Purdue.     (H.  S.  1908,  §6853.) 

.      [1875,  p.  120.    Approved  March  9,  1875.) 

703.  Appointment  of  trustees.     1.     On  the  first  day  of 
July,  1895,  it  shall  be  the  duty  of  the  governor  of  this  state 
to  appoint  nine  trustees  for  Purdue  university,  two  of  whom 
shall  be  nominated  by  the  state  bo-ird  of  agriculture,  one  by 
the  state  board  of  horticulture,  one  by  the  Purdue  Alumni 
Association,  and  five  selected  by  the,  governor  himself :    Pro- 
vided, Tli at  no  more  than  two  of  such  trustees  as  may  be 
selected  by  the  governor  himself  shall  be  appointed  from 
any  one  congressional  district:  And  also  provided,  That  the 


o74  SCHOOL    LAW    OF    INDIANA. 

first  board  so  appointed  shall  include  the  three  persons  who 
at  the  time  are  the  last  nominees  of  the  state  board  of  agri- 
culture and  the  state  board  of  horticulture:  And  also  pro- 
vided, That  the  board  of  trustees  now  in  office  shall  remain 
in  office  and  perform  all  the  duties  thereof  as  now  required 
by  law  until  their  successors  are  duly  appointed  and  quali- 
fied, as  provided  in  this  act:  And,  provided,  further,  That 
the  nominee  of  the  Purdue  Alumni  Association  shall  be  a 
graduate  of  Purdue  university:  And  also  provided,  That 
the  nominee  of  Purdue  Alumni  Association  shall  be  appoint- 
ed by  the  governor  of  the  State  of  Indiana  to  fill  the  second 
vacancy  in  said  board  occurring  after  the  taking  effect  of 
this  act,  by  expiration  of  term  or  otherwise,  among  the  trus- 
tees heretofore  appointed  by  the  governor  himself.  (R.  S. 
1908,  §6854,  as  amended,  L.  1909,  p.  357.) 

704.  Term  of  office.    2.    The  persons  so  appointed  shall 
constitute  the  board  of  trustees  of  said  university,  and  shall 
hold  their  offices  as  follows:     Two  members  of  the  first 
board  shall  hold  their  offices  for  one  year  and  until  their 
successors  are  appointed;  two  for  two  years,  and  two  for 
three  years;  and  at  the  expiration  of  the  term  of  office  of 
any  of  th'e  members  of  the  first  or  any  subsequent  board, 
their  successors  shall  be  appointed  in  like  manner,  and  with 
like  nomination,  as  provided  in  this  act,  to  hold  their  offices 
for  the  term  of  three  years,  and  until  their  successors  are 
appointed.     (As  amended  1895,  p.  201,  R.  S.  1908,  §6855.) 

705.  Vacancies,  how  filled.     3.     If,  from  any  cause,  a 
vacancy  occur  in  said  board,  the  same  shall  be  filled,  by 
appointment,  to  fill  the  unexpired  term,  the  person  ap- 
pointed  to   fill   such   vacancy   being  nominated   and   ap- 
pointed, or  appointed,  in  the  same  manner  as  his  predeces- 
sor had  been  at  the  commencement  of  such  term.     (R.  S. 
1908,  §6856.) 

706.  Officers — Treasurers'  bond  and  duties.     4.     Said 
trustees  shall,  at  their  first  meeting  after  their  appoint- 
ment, and  every  two  years  thereafter,  choose  a  president 


SCHOOL    LAW    OF    INDIANA.  375 

of  said  board;  and  they  shall,  at  such  meeting,  and  every 
two  years  thereafter,  and  whenever  a  vacancy  occurs,  elect, 
by  ballot,  a  secretary  and  treasurer,  neither  of  whom  shall 
be  a  member  of  the  board  whose  compensation  shall  be 
fixed  by  the  trustees.  The  said  treasurer  shall  give  such 
bond  to  'the  state  of  Indiana  in  any  sum  not  less  than  fifty 
thousand  dollars  for  the  faithful  execution  of  his  trust, 
with  sufficient  sureties  as  said  trustees  may  require ;  and  he 
shall  receive,  take  charge  of,  and,  under  the  direction  of 
said  trustees,  manage  all  [the]  stocks  and  funds  belonging 
to  said  university.  (As  amended  1891,  p.  34,  R.  S.  1908, 
§6857.) 

[1877,  p.  60.    Approved  March  12, 1877.] 

707.  County  students.    1.    The  board  of  commissioners 
of  each  county  in  this  state  may  appoint,  in  such  manner  as 
it  may  choose,  two  students,  or  scholars,  to  Purdue  uni- 
versity, who  shall  be  entitled  to  enter,  remain,  and  receive 
instruction  in  the  same,  upon  the  same  conditions,  quali- 
fications and  regulations  prescribed  for  other  applicants 
for  admission  to,  or  scholars  in,  said  university:    Provided, 
however,  That  every  student  admitted  to  said  university 
by  appointment,  by  virtue  of  this  act,  shall  in  nowise  be 
chargeable  for  room,  light,  heat,  water,  tuition,  janitor  or 
matriculation  fees;  and  said  student  shall  be  entitled,  in 
the  order  of  admittance,  to  any  room  in  the  university  then 
vacant  and  designed  for  the  habitation  or  occupancy  of  a 
student;  and  such  student  so  admitted  shall  have  prior 
right  to  any  such  room,  subject  to  the  rules  of  the  uni- 
versity, over  any  student  not  appointed  and  admitted  as 
aforesaid.    (R.  S.  1908,  §6858.) 

708.  Students.     2.     No  more  than  two  students  at  the 
same  time  from  any  one  county  shall  be  entitled  to  admit- 
tance to  said  university,  under  the  provisions  of  this  act. 
But  the  board  of  commissioners  of  each  county  may,  from 
time  to  time,  appoint  as  aforesaid,  to  any  vacancy  in  its 
appointments.     (R.  8.  1908,  §6859.) 


376  SCHOOL    LAW    OF    INDIANA. 

[1881,  p.  585.    Approved  April  14,  1881. [ 

709.  Investment  of  fund,  1.  The  trustees  of  Purdue 
university,  by  their  treasurer,  are  hereby  authorized,  on  or 
after  the  first  day  of  April,  1881,  to  surrender  to  the  treas- 
urer of  state  the  bond  executed  to  said  university  by  the 
state  of  Indiana,  bearing  date  April  1,  1878,  and  payable, 
in  the  sum  of  two  hundred  thousand  dollars,  on  April  1, 
1881;  and  a  like  bond  executed  by  the  state  to  said  uni- 
versity, dated  April  1,  1879,  and  payable,  in  the  sum  of  one 
hundred  and  twenty-five  thousand  dollars,  on  April  1,  1884 ; 
and  also  to  pay,  out  of  the  proceeds  of  the  United  States 
five  per  cent,  bonds  now  held  by  said  university  (which 
said  trustees  are  hereby  empowered  to  sell),  the  sum  of 
fifteen  thousand  dollars  to  said  treasurer  of  state;  who, 
thereupon,  is  hereby  directed  to  issue  and  deliver  to  said 
treasurer  of  Purdue  university  a  non-negotiable  bond  of 
the  state  of  Indiana,  to  be  signed  by  the  governor  and  state 
treasurer,  and  attested  by  the  secretary  of  state  and  the 
state  seal  (the  same  to  be  dated  April  1,  1881,  and  payable, 
twenty  years  after  its  date,  to  the  trustees  of  Purdue  uni- 
versity and  their  successors,  with  interest  at  the  rate  of  five 
per  cent,  per  annum,  payable  quarterly  after  date  of  the 
bond),  all  for  the  use  of  Purdue  university — said  bonds 
surrendered,  and  fifteen  thousand  dollars  paid,  constituting 
the  endowment  fund  of  said  university  derived  from  the 
gift  of  the  United  States.  (B.  S.  1908,  §6860.) 

[1889,  p.  351.    Approved  March  9,  1889.] 

710.  Gift  to  establish  institute  of  technology.  1.  When- 
ever any  individual  or  individuals  shall  give,  donate  or  be- 
queath a  sum  of  money  or  other  valuable  property  for  the 
purpose  of  establishing  an  institute  of  technology  or  other 
special  schools  in  connection  with  Purdue  university  in  and 
on  the  grounds  of  said  university,  the  trustees  of  said  uni- 
versity are  hereby  authorized  and  empowered  to  accept 
such  donation,  gift  or  bequest  for  and  on  behalf  of  the  state 
of  Indiana  for  such  institute  on  such  terms  as  may  be 
agreed  upon  by  and  between  such  trustees  and  said  donor 
or  donors  or  devisior  [devisor]  ;  and  the  said  trustees  are 


SCHOOL    LAW    OF    INDIANA.  377 

hereby  authorized  to  establish,  maintain  and  operate ^such 
an  institution  in  connection  with  Purdue  university:  Pro- 
vided, That  such  institute  of  technology  shall  be  freely  open 
to  students  upon  the  same  terms  upon  which  Purdue  uni- 
versity is  open  to  students.  And,  provided,  That  nothing 
in  this  act  shall  enable  or  authorize  said  trustees  to  make 
any  contract  with  said  donor  or  donors  by  which  any  debts 
shall  be  created  beyond  or  above  current  legislative  appro- 
priations to  the  university.  And,  provided  further,  That 
the  terms  upon  which  such  donations  are  received  and  ac- 
cepted shall  not  be  effective  unless  the  same  are  endorsed 
and  approved  by  the  Governor  of  the  state  of  Indiana, 
(tt.  S.  1908,  §6863.) 

[1903,  p.  508.    Approved  March  10,  1903.] 

711.  Farmers'  reading  courses.    1.    In  order  to  promote 
home  study  and  reading  in  subjects  relating  to  rural  life 
and  the  principles  of  agriculture,  the  trustees  and  faculty 
of  Purdue  university  shall  encourage  and  direct  farmers' 
reading  courses  and  publish  and  distribute  circulars  and 
pamphlets  of  information  on  the  above  subjects  as  may 
seem  profitable  in  promoting  the  agricultural  interests  of 
the  state.    (R.  S.  1908,  §6851.) 

[1911,  p.  80.    Approved  February  27, 1911.] 

712.  Agriculture — Rural  improvement — Appropriation. 

1.  In  order  to  promote  the  improvement  and  advancement 
of  agriculture,  domestic  science  and  rural  life,  among  the 
people  of  the  several  counties  of  the  State  of  Indiana,  and 
aid  in  the  diffusion  among  the  people  of  the  several  coun- 
ti-s  of  the  State  of  Indiana,  useful  and  practical  informa- 
tion on  subjects  connected  with  agriculture,  domestic 
science  and  rural  betterment,  the  following  sums  of  money 
are  hereby  appropriated  to  Purdue  university,  out  of  any 
moneys  in  the  general  fund  of  the  state  treasury  not  other- 
wise appropriated,  $10,000.00  for  the  fiscal  year  ending  Sep- 
tember 30,  1911,  and  $30,000.00  annually  thereafter,  said 
sums  to  he  paid  quarterly  to  the  treasurer  of  Purdue  uni- 
versity. 


378  SCHOOL     LAW     OF    1M)JAKA. 

713.  Uses  of  appropriation.    2.    The  sum  of  ten  thousand 
dollars  ($10,000.00)  available  during  the  current  year  and 
the  thirty  thousand  dollars  ($30,000.00)  annually  appropri- 
ated thereafter  in  section  1  of  this  act  shall  be  expended  by 
the  school  of  agriculture  and  the  agricultural  experiment 
station  of  said  university  in  securing  the  necessary  office 
force,  extension  workers,  lecturers  and  equipment,  and  in 
defraying  any  other  expenses  in  the  study  of  rural  condi- 
tions and  in  promoting  and  aiding  in  the  organization  and 
holding  in  various  parts  of  the  state,  farmers '  short  courses, 
farmers'  institutes,  farmers '  conferences,  contests,  lectures 
and  demonstration  of  work  of  various  types,  and  any  other 
forms  of  agricultural  extension,  instruction  arid  demonstra- 
tion agreed  upon  by  the  authorities  of  Purdue  university  as 
being  necessary  to  accomplish  the  purpose  of  this  act. 

714.  Extension  department.    3.    The  work  proposed  by 
this  act  shall  be  carried  out  by  the  said  Purdue  university 
through  the  extension  department  of  the  school  of  agricul- 
ture and  agricultural  experiment  station  under  such  rules, 
regulations  and  methods  as  may  be  prescribed,  and  along 
lines  to  be  determined  by  the  following  officers :    The  board 
of  trustees,  the  president  of  the  university,  the  dean  of  the 
school  of  agriculture,  the  director  of  the  agricultural  ex- 
periment station,  the  superintendent  of  agricultural  exten- 
sion of  Purdue  university,  and  the  advisory  committee  as 
provided  for  in  section  3  of  chapter  167,  laws  of  1909. 

715.  Farmers'  institute — County  auditor.     4.     For  the 
purpose  of  defraying  the  local  expenses  of  meetings  held 
and  other  work  done  under  the  provisions  of  section  2  and 
in  accordance  with  the  rules  and  regulations  provided  for  in 
this  act,  such  as  hall  rents,  printing,  advertising,  prizes  for 
contests  and  other  local  expenses,  the  county  farmers'  insti- 
tute chairman,  is  hereby  authorized  to  file  with  the  county 
auditor,  an  itemized  list  of  expenses  of  such  meeting  or 
meetings,  and  other  work  done  and  the  county  auditor  shall, 
after  such  claims  have  been  approved  by  the  county  com- 
missioners, draw  a  warrant  or  warrants  on  the  county  treas- 


S<    NIMH.     I, AW    OK     INDIANA.  379 

urer  who  sliall  pay  same:  Provided,  That  in  no  instance 
shall  the  a gg  rebate  of  such  items  exceed  an  amount  equal 
to  twenty-five  cents  for  each  square  mile  of  territory  in  said 
county. 

716.  County   council — Appropriation.     5.     That   there 
may  he  funds  in  the  county  treasury  available  for  the  pay- 
ment of  such  warrants  as  are  herein  provided  for,  the  county 
council  shall  appropriate  annually  an  amount  equal  to  twen- 
ty-five cents  for  each  square  mile  of  territory  in  said  county. 

717.  Repeal.    6.    An  act  entitled  "An  act  to  encourage 
the  study  of  agriculture,  horticulture,  economic  entomology, 
and  agricultural  chemistry,  providing  for  the  county  insti- 
tutes, prescribing  the  duties  of  the  trustees,  and  faculty  of 
Purdue  university  in  connection  therewith  and  making  an 
appropriation  therefor,"  approved  March  9,  1889;  an  act  to 
amend  section  3  of  an  act  to  encourage  the  study  of  agri- 
culture,  horticulture,   economic  entomology,   and  agricul- 
tural chemistry,  providing  for  county  institutes,  prescribing 
I  lie  duties  of  trustees  and  faculty  of  Purdue  university  in 
connection  therewith  and  making  appropriations  therefor, 
approved  March  9,  1889,  approved  March  4,  1901;  and  an 
act  entitled  "An  act  for  the  encouragement  of  farmers'  in- 
stitutes and  authorizing  the  county  auditor  to  draw  war- 
rants under  certain  conditions,"  approved  March  8,  1907; 
ai  e  hereby  repealed. 

[1891,  p.  483.    Approved  March  7, 1891.1 

718.  Acceptance  of  United  States  grant.    1.    Whereas, 
an  act  of  congress,  approved  August  30,  1891,  entitled  an 
act  to  apply  a  portion  of  the  proceeds  of  the  public  lands 
to  the  more  complete  endowment  and  support  of  the  col- 
leges for  the  benefit  of  agriculture  and  the  mechanic  arts 
established  under  the  provisions  of  an  act  of  congress,  ap- 
proved July  2,  1862,  provides,  among  other  things,  that  the 
grants  of  moneys,  authorized  by  this  act,  are  made  subject 
to  the  legislative  assent  of  the  several  states  and  terri- 
tories to  the  purpose  of  said  grants:     Provided,  That  the 


380  SCHOOL    LAW    OF    INDIANA. 

payments  of  such  installments  of  the  appropriation  herein 
made,  as  shall  become  due  to  any  state  before  the  adjourn- 
ment of  the  regular  session  of  the  legislature  meeting  next 
after  the  passage  of  this  act,  shall  be  made  upon  the  assent 
of  the  governor  thereof,  duly  certified  to  the  secretary  of 
the  treasury;  therefore, 

Be  it  resolved  by  the  state  of  Indiana,  That  the  legisla- 
tive assent  be,  and  the  same  is  hereby,  given  to  the  purpose 
of  said  grant,  and  Purdue  university  is  hereby  designated 
as  the  agricultural  college  entitled  to  the  said  grant. 

[1905,  p.  142.    Approved  March  3,  1905.] 

719.  Agricultural  experiment  station  work — Appropria- 
tion.   1.    That  in  order  to  aid  in  acquiring  and  disseminat- 
ing among  the  people  of  the  state  useful  and  practical  in- 
formation on  subjects  relating  to  agriculture,  and  to  pro- 
mote investigation  concerning  the  principles  of  agricultural 
science  the  following  sums  of  money  are  hereby  annually 
appropriated  to  Purdue  university  for  the  exclusive  use  of 
the  agricultural  experiment  station  of  said  university:    For 
the  fiscal  year  ending  September  30,  1909,  $75,000.00,  and 
$75,000.00  annually  thereafter,  said  sums  to  be  payable  quar- 
terly to  the  treasurer  of  Purdue  university,  out  of  any 
moneys  in  the  treasury  of  the  State  of  Indiana  belonging  to 
the  general  fund  and  not  otherwise  appropriated,  the  same 
to  be  expended  for  the  purpose  of  providing  the  necessary 
equipment,  and  paying  the  expenses  of  conducting  experi- 
ments and  investigations  and  otherwise  acquiring  informa- 
tion and  disseminating  said  information  by  means  of  publi- 
cations, lectures  and  otherwise  as  hereinafter  provided.    (R. 
S.  1908,  §6864,  as  amended,  1909,  p.  403.) 

720.  Uses  of  Appropriation.     2.     Of  the  $75,000.00  an- 
nually appropriated  in  section  one  of  .this  act,  $10,000.00  an- 
nually is  to  be  used  for  the  advancement  of  the  work  of  the 
agricultural  experiment  station  of  Purdue  university  in  gen- 
eral; $10,000.00  annually  for  the  advancement  of  the  horti- 
cultural interests  of  the  state;  $15,000.00  annually  for  the 


SCHOOL    LAW    OF    INBIANA. 

• 

improvement  of  the  soils  and  crops  of  the  state;  $10,000.00 
annually  for  the  advancement  of  the  dairy  interests  of  the 
state;  $10,000.00  annually  for  the  advancement  of  the  live 
stock  interests  of  the  state;  $5,000.00  annually  for  the  in- 
vestigation of  hog  cholera  and  other  animal  diseases; 
$5,000.00  annually  for  the  advancement  of  the  poultry  in- 
terests of  the  state,  and  $10,000.00  annually  for  providing 
the  necessary  equipment  and  paying  the  expenses  of  the  ex- 
tension work  of  the  agricultural  experiment  station  of  Pur- 
due university.  (R.  S.  1908,  §6865,  as  amended,  1909, 
p.  403.) 

721.  Work — How  carried  out.  3.  The  work  outlined  in 
iliis  act  relating  to  horticulture,  soil  and  crop  improvement, 
dairy  interests,  live  stock,  animal  diseases  and  poultry,  shall 
be  carried  out  by  the  said  agricultural  experiment  station 
of  Purdue  university  along  lines  to  be  agreed  upon  by  the 
director  of  the  said  experiment  station  of  said  university, 
and  an  advisory  committee  of  five  persons,  one  person  to  be 
appointed  by  each  of  the  following  named  agriculture  or- 
ganizations of  the  State  of  Indiana — the  State  corn  growers7 
association,  the  State  dairymen's  association,  the  State  live 
stock  association,  the  State  horticultural  society,  and  the 
State  poultry  fanciers'  association.  (E.  S.  1908,  §6866,  as 
amended,  1  <)<)!),  p.  403.) 


LAW    OF    INDIAN  A. 


CHAPTER  XXIV. 

FREE  LIBRARIES. 


SEC. 

722.  City  and  town  tax  for  library— Subscrip- 

tion. 

723.  Subscriptions    filed    with    clerk  of  circuit 

court. 

724.  Public  library  board— Appointment— Qual- 

ifications. 

725.  Certificates  of  appointment— Oath. 

726.  Organization. 

727.  Library  board — Powers. 

728.  Subscriptions  collected— Buildings— Tax. 

729.  Tax,  how  used. 

730.  Use   of    library — Certificates   of   member- 

ship— Township  may  use. 

731.  Donation  of  library. 

732.  Removal  of  member  of  board. 

733.  Treasurer's  report. 

734.  Repealing  section. 

735.  Library — Extension  of  privileges  to  town- 

ship—Tax. 

736.  Accounting — Report. 

737.  Public  library  commission. 

738.  Office— Duties— Employes. 

739.  Purchase  of  books — Appropriation. 

740.  Library  association. 

741.  Advice. 

742.  Township  library. 

743.  Township    library    board — Township  unit- 

ing. 

744.  Official  documents. 


SEC. 

745.  Member  of  commission  not  to  be  publisher 

746.  In  cities  and  towns. 

747.  Libraries  in  certain  cities. 

748.  Tax  to  maintain. 

749.  Libraries  in  cities  of  3,500  to  4,000 

750.  Acceptance  of  library. 

751 .  Payment  of  taxes— Control . 

752.  Privileges  of  library. 

753.  Removal  of  directors. 

754.  Library  fund. 

755.  Tax  levy  for  libraries. 

756.  Office  of  librarian  abolished. 

757.  Library  discontinued. 

758.  Legalizing  section. 

759.  Real  estate. 

760.  Real  estate  for  libraries. 

761.  Parks  used  for  library. 

762.  Prior  acts  legalized. 

763.  School  and  library  tax  in  cities  of  30,000. 

764.  County  treasurer  reports  to  board  of  school 

commissioners. 

765.  County  treasurer's  «redits. 

766.  School  and  library  tax  in  cities  of  15,000  to 

30,000. 

767.  Payment  of  bonds. 

768.  Towns — Transfer   of    property    to    library 

board. 

769.  Purchases  legalized. 


[1901,  p.  81.    Approved  March  4, 1901.] 

722.  City  and  town  tax  for  library — Subscription.  1 
The  common  council  of  any  city,  or  the  town  board  of  any 
incorporated  town  within  this  state  desiring  to  establish, 
increase  and  maintain  a  public  library  in  such  city  or  town, 
open  to  and  for  the  use  and  benefit  of  all  the  inhabitants 
thereof  may  levy  a  tax  annually  of  not  to  exceed  one  mill 
on  each  dollar  of  all  the  taxable  property  assessed  for  taxa- 
tion in  such  city  or  town,  as  shown  by  the  tax  duplicate 
for  the  year  immediately  preceding  the  fixing  of  such  levy, 
which  tax  shall  be  placed  on  the  tax  duplicate  of  such  city 
or  town  and  collected  in  the  same  manner  as  other  taxes 
are  levied  and  collected,  and  such  levy  shall  be  certified  to 


SCHOOL     LAW    OF     INDIANA. 


383 


the  clerk  of  the  circuit  court.  If  the  common  council  of 
such  city,  or  the  town  board  of  such  incorporated  town 
do  not  make  such  levy  they  shall  do  so  at  the  next  ensuing 
levy,  and  annually  thereafter,  after  taxpayers  of  such  city 
or  town  raise  by  popular  subscription,  for  each  of  the  two 
years  immediately  following  the  date  of  the  completion 
of  such  subscription,  a  sum  of  money  equal  to  the  amount 
that  would  be  derived  from  a  tax  levy  of  two-tenths  of  a 
mill  on  each  dollar  of  the  taxable  property  assessed  for 
taxation  in  such  city  or  town  as  shown  by  the  tax  dupli- 
cate immediately  preceding  the  completion  of  such  sub- 
scription :  Provided,  That  not  more  than  two  per  cent,  of 
the  entire  amount  necessary  to  be  subscribed  shall  be  sub- 
scribed by  any  one  person,  firm  or  corporation  of  such 
city  or  incorporated  town.  The  amount  of  money  so  sub- 
scribed, as  herein  provided,  for  public  library  purposes, 
shall  be  made  to  fall  due  and  be  payable  in  eight  equal 
quarterly  installments,  the.  first  installment  shall  become 
due  and  be  payable  on  the  first  Monday  of  the  second 
month  following  the  date  of  completion  and  filing  of  such 
subscription,  as  hereinafter  provided,  and  one  installment 
shall  become  due  and  be  payable  on  the  first  Monday  of 
each  third  month  thereafter,  till  all  of  such  subscription  is 
paid.  The  subscriptions  shall  be  collected  by  the  public 
library  board,  hereby  created,  as  hereinafter  provided.  (As 
amended,  1903,  p.  301,  E.  S.  1908,  §4916.) 

723.  Subscriptions  filed  with  clerk  of  circuit  court.  2. 
The  subscription  list  for  said  money  shall  be  filed  with  the 
clerk  of  the  circuit  court  of  the  county  in  which  such  city 
or  incorporated  town  is  located.  The  said  clerk  of  the  court 
immediately  thereafter  shall  notify  the  judge  of  the  circuit 
court  of  said  county  that  such  subscription  has  been  filed, 
and  he  shall  likewise  notify  the  common  council  or  towi* 
board  and  the  board  of  school  trustees  of  such  city  or  town 
proposing  to  establish  a  public  library,  that  said  subscrip- 
tion has  been  filed.  The  original  subscription  list  shall  be 
preserved  by  the  clerk  of  the  circuit  court  and  by  him 
placed  in  the  hands  of  the  public  library  board,  when  the 


384  SCHOOL    LAW    OF    INDIANA. 

board  shall  have  been  appointed  as  hereinafter  provided. 
(E.  S.  1908,  §4917.) 

724.  Public  library  board  —  Appointment  —  Qualifica- 
tions. 3.  Within  ten  days  after  said  judge  of  the  circuit 
court  shall  have  been  notified,  as  above  provided,  that  such 
subscription  list  has  been  filed  with  the  clerk  of  the  circuit 
court,  if  one  has  been  filed  to  secure  the  levying  of  such  tax, 
or  that  the  common  council  has  certified  to  such  clerk  that 
the  levy  as  provided  herein  has  been  made,  it  shall  be  the 
duty  of  said  judge  to  examine  such  subscription  list  and  if 
it  be  found  that  an  amount  of  solvent  subscription  has  been 
made  equal  to  the  amount  required  by  section  1  of  this  act, 
then  he  shall  order  a  copy  of  such  subscription  list  spread 
upon  the  records  of  said  court,  and  he  shall  appoint  three 
persons,  residents  of  such  city  or  town,  as  members  of  such 
public  library  board,  one  of  whom  lie  shall  appoint  for  one 
year,  one  for  two  years  and  one  for  three  years,  from  the  date 
of  their  appointment,  and  after  the  first  appointment  all  ap- 
pointments made  by  the  judge  of  the  court  shall  be  for  a 
period  of  two  years;  and  a1!  appointments  so  made  by  the 
judge  of  the  court  shall  be  entered  in  the  order  books  of  said 
court.  Within  ten  days  after  the  common  council  or  the 
town  board  and  the  board  of  school  trustees  shall  have  been 
notified,  as  in  section  2  of  this  act,  each  body  shall  appoint 
two  persons  also  residents  of  such  city  or  town,  not  other- 
wise appointed  as  members  of  such  board,  who  shall  become 
members  of  such  public  library  board.  The  members  so  ap- 
pointed by  the  common  council  or  town  board  for  the  first 
appointment  under  this  act  shall  serve  for  a  period  of  one 
year,  and  after  the  first  appointment  all  appointments  made 
by  the  common  council  or  town  board  shall  be  for  a  period 
of  two  years.  The  board  of  school  trustees  shall  appoint  its 
members  for  a  term  of  two  years,  who  may  be  from  their 
own  board.  If  the  township  advisory  board  of  any  town- 
ship shall  levy  and  collect  for  library  purposes  five-tenths 
of  a  mill  on  each  dollar  of  all  the  taxable  property  assessed 
for  taxation  in  said  township,  as  shown  by  the  tax  duplicate 
for  the  year  immediately  preceding  the  fixing  of  such  levy, 


SCHOOL    LAW    OF    INDIANA.  385 

exclusive  of  the  property  of  such  city  or  town  already  taxed 
for  said  library,  and  pay  the  same  over  to  the  treasurer  of 
such  city  or  town  where  such  library  is  located,  then  in  such 
case  the  township  trustee  shall,  ex-officio,  be  a  member  of 
such  public  library  board,  and  such  township  trustee  shall 
appoint  one  person,  a  resident  of  said  township,  not  other- 
wise appointed,  as  a  member  of  said  public  library  board, 
who  shall  become  a  member  of  such  public  library  board, 
and  such  appointment  by  such  township  trustee  shall  be  for 
a  period  of  two  years,  and  all  members  of  such  public  li- 
brary board  appointed  as  herein  provided,  shall  serve  until 
their  successors  are  appointed  and  qualified:  Provided, 
That  women  may  be  eligible  to  appointment  as  members  of 
such  library  hoard,  and  not  less  than  three  of  the  members 
appointed  shall  be  women.  The  judge,  common  council  or 
town  board,  the  board  of  school  trustees,  the  township  trus- 
tee, in  making  the  appointments,  shall  select  persons  of  well 
known  probity,  integrity,  business  ability  and  experience, 
and  who  are  fitted  for  the  character  of  the  work  they  are  to 
perform,  and  who  shall  have  resided  for  a  period  of  not  less 
than  one  year,  immediately  preceding  their  appointment,  in 
the  city  or  town  for  which  they  are  appointed,  in  the  case 
of  members  appointed  by  the  judge,  common  council  or 
town  board  and  school  trustees,  and  in  the  township  in  the 
case  of  the  member  appointed  by  the  township  trustee  as 
hereinbefore  provided,  and  who  shall  not  be  less  than  twen- 
ty-five years  of  age  at  the  time  of  appointment,  and  who 
shall  serve  without  compensation  for  service.  In  case  of 
vacancy  on  such  board  from  any  cause,  it  shall  be  the  duty 
of  said  judge,  common  council  or  town  board,  board  of 
school  trustees  and  township  trustees  to  fill  such  vacancy 
occurring  in  the  membership  appointed  by  each  respect- 
ively. (K.  8.  1908,  §4918,  as  amended,  1911,  p.  607.) 

725.  Certificates  of  appointment — Oath,  4-.  All  appoint- 
ments to  membership  on  the  public  library  board  shall  be 
evidenced  by  certificates  of  appointment,  duly  signed  by 

[25—272771 


386  SCHOOL    LAW    OF    INDIANA. 

the  judge  as  to  members  appointed  by  him,  by  the  mayor 
or  president  of  the  town  board,  by  the  president  of  the 
board  of  school  trustees,  and  township  trustees,  as  to  mem- 
bers respectively  appointed  by  them,  which  certificates  of 
appointment  shall  be  handed  to  or  mailed  to  the  address 
of  the  appointee.  Within  ten  days  after  receiving  such 
certificate  of  appointment  such  appointee  shall  qualify  by 
taking  the  oath  of  office  before  the  clerk  of  the  court,  that 
such  appointee  will  faithfully  discharge  the  duties  as  a 
member  of  the  public  library  board  to  the  best  of  his  abil- 
ity, and  shall  file  such  certificate,  with  the  oath  endorsed 
thereon,  with  the  clerk  of  the  circuit  court  of  the  county  in 
which  such  library  is  to  be  established.  (As  amended  1903, 
p.  301,  R.  S.  1908,  §4919.) 

726.  Organization.     5.     Within  five  days  after  all  the 
members  of  such  board   shall   have   been   appointed   and 
qualified,  they  shall  meet  and  organize  by  electing  one  of 
their  number  president,  one  vice-president  and  one  secre- 
tary, and  shall  select  such  committees  or  executive  board 
as  they  may  deem  necessary  to  carry  on  the  work  of  the 
board.    (R,  S.  1908,  §4920.) 

727.  Library  board — Powers.     G.     The  seven  members 
thus  appointed  shall  constitute  and  be  known  as  the  public 
library  board  and  shall  have  the  control   of  the  public 
library  funds,  and  the  custody  and  control  of  all  the  books 
and  other  property  of  every  name  and  description,  and 
shall  have  the  power  to  direct  all  the  affairs  of  such  public 
library;  and  such  public  library  board,  in  the  name  of  the 
library,  shall  be  empowered  to  receive  donations,  bequests 
and  legacies,  and  to  receive  and  convey  real  estate  for  and 
on  behalf  of  such  library,  and  shall  be  entitled  to  receive 
from  the  public  library  commission  copies  of  all  documents 
and  publications  of  the  state  available    for    distribution. 
They  shall  have  the  power  to  make  and  enforce  rules  for 
the  management  of  such  libraries  as  they  may  deem  neces- 
sary, and  to  employ  librarians  and  assistants.     (R,  S.  1908, 
§4921.) 


SCHOOL     I.A\V     OF     INDIANA. 


387 


728.  Subscriptions  collected— Buildings— Tax.  7.  When 
such    public    library  board  shall  have  organized    for    the 
transaction  of  business,  there  shall  be  placed  in  its  hands 
by  the  said  clerk  of  the  circuit  court  the  original  subscrip- 
tion list,  if  any  has  been  made,  for  the  procuring  of  the 
levy  of  the  tax,  as  herein  provided,  and  it  shall  be  the  duty 
of  such  library  board  to  collect  quarterly  all  money  sub- 
scribed, as  the  same  becomes  due,  as  provided  for  in  section 
1  of  this  act,  and  pay  the  same  over  to  the  treasurer  of  such 
city  or  town,  and  to  expend  the  same  in  the  establishment, 
equipment,    enlargement    and    management    of    a    public 
library,  in  the  manner  as  provided  for  in  section  8,  which 
shall  be  open  to  and  for  the  use  and  benefit  of  all  the  in- 
habitants of  the  city  or  town  in  which  the  same  is  located, 
and  such  library  board  may  use  such  sum  for  the  purchase 
of  a  building  site  and  the  erection  of  a  library  building 
as  the  board  may  decide.     It  shall  be  the  duty  of  such 
library  board  to  determine  the  rate  of  taxation  that  shall 
be  necessary  to  establish,  increase,  equip  and  maintain  the 
public  library  and  certify  the  same  to  the  common  council 
or  town  board  and  to  the  county  auditor:    Provided,  That 
said  levy  shall  not  exceed  one  mill  on  each  dollar  of  all  the 
taxable    property    assessed    for    taxation  in  such  city  or 
town,  as  shown  by  the  tax  duplicate  for  the  year  immedi- 
ately preceding  the  fixing  of  such  levy.    When  the  assess- 
ment for  such  public  library  purposes  shall  be  certified  to 
the  common  council  or  town  board  and  the  auditor,  by  the 
public  library  board,  the  same  shall  be  placed  upon  the  tax 
duplicate  of  such  county  and  city  or  town  and  collected  in 
like  manner  as  other  taxes  are  levied  and  collected.     (As 
amended  1903,  p.  301,  R.  S.  1908,  §4922.) 

729.  Tax,  how  used.    8.    The  tax  so  levied  as  provided 
for  in  sections  1  and  7  of  this  act  shall  be  held  and  kept  as 
a  separate  fund  by  the  treasurer  of  such  city  or  incor- 
porated town  for  public  library  purposes,  as  herein  pro- 
vided, and  he  shall  pay  out  the  same  for  library  purposes 
only  upon  the  warrant  of  the  president  of  the  library  board, 
countersigned  by  the  secretary  thereof.     The  treasurer  of 


388  SCHOOL    LAW    OF     INDIANA. 

such  city  or  town  shall  be  liable  on  his  official  bond  for  the 
faithful  performance  of  the  duties  imposed  upon  him  by 
this  act.  (R.  S.  1908,  §4923.) 

730.  Use  of  library — Certificates  of  membership — Town- 
ship may  use.    9.    When  a  public  library  shall  have  been 
established  in  any  city  or  incorporated  town  in  this 'state 
under  the  provisions  of  this  act,  such  library  shall  be  open 
and  free  for  the  use  and  benefit  of  all  the  inhabitants  of 
the  township  in  which  such  library  shall  be  located,  pro- 
vided the  township  advisory  board  of  the  township  in  which 
such  library  is  located,  shall  levy  and  collect  a  tax  of  two- 
tenths  of  a  mill  on  each  dollar  of  all  the  taxable  property 
assessed  for  taxation  in  said  township,  as  shown  by  the 
tax  duplicate  for  the  year  immediately  preceding  the  fixing 
of  such  levy,  exclusive  of  the  property  of  such  city  or  town 
already  taxed  for  said  library,  and  collect  and  pay  the  same 
over  to  the  treasurer  of  such  city  or  town  where  such 
library  is  located,  to  be  held  by  such  treasurer  as  a  part 
of  the  public  libraiy  fund.    Said  library  shall  remain  open 
and  free  for  the  use  and  benefit  of  all  the  inhabitants  of 
such  township  so  long  as  said  tax  as  herein  provided  and 
specified  shall  be  levied,  collected  and  paid  over  to  the 
treasurer  of  such  city  or  town  for  the  use  of  said  library 
board  for  the  purpose  herein  named.     When  the  public 
library  of  any  city  or  town  is  not  so  open  and  free  for  the 
use  and  benefit  of  the  inhabitants  of  any  .  township,  by 
reason  of  such  township  failing  to  levy  and  collect  the  tax 
herein  required,  the  public  library  board  may  issue  and 
sell  certificates  or  library  cards  to  any  person  or  family 
resident  in  such  township  at  such  annual  fee  as  may  be 
deemed  by  them  to  be  a  fair  compensation  for  such  privi- 
lege, and  such  library  cards  shall  give  to  the  purchaser 
thereof  the  same  rights  and  privileges  as  the  inhabitants 
of  the  city  or  incorporated  town.    (R.  S'.  1908,  §4924.) 

731.  Donation  of  library.     10.    If  any  city  or  incorpo- 
rated town  in  this  state  where  a  library  of  the  value  of  an 
amount  equal  to  the  amount  of  money  that  would  be  de- 


SCHOOL     LAW     OF     I.MHAXA.  389 

rived  from  a  tax  levy  of  three-tenths  of  a  mill  on  each  dol- 
lar of  valuation  of  the  taxable  property  within  such  city 
or  town  assessed  for  taxation,  as  is  shown  by  the  preced- 
ing tax  duplicate  of  said  city  or  town,  is  already  established 
and  maintained  under  the  existing  law  of  this  state,  and 
whenever  the  managing  board  of  such  library  already  so 
existing  and  maintained  shall  tender  the  ownership,  cus- 
tody and  control  of  said  library  free  of  expense  to  such  pub- 
lic library  board  for  the  uses  and  purpose  of  a  public  library 
as  contemplated  by  this  act,  which  tender  of  custody  and 
control  thereof  shall  be  evidenced  by  a  certificate  issued  by 
the  managing  board  thereof  and  filed  in  triplicate  with  the 
clerk  of  the  circuit  court  of  the  county  wherein  said  city 
or  town  is  located,  with  the  clerk  of  said  city  or  town  and 
the  secretary  of  the  board  of  school  trustees  in  the  manner 
and  form  as  prescribed  in  the  certificates  of  popular  sub- 
scription contained  in  section  2  of  this  act,  which  certificate 
shall  show  the  value  of  such  library.  A  public  library 
board  shall  be  appointed  as  in  the  manner  as  set  forth  in 
this  act,  except  such  board  shall  be  appointed  only  when 
the  common  council  or  town  board  have  decided  by  a  ma- 
jority vote  of  the  members  thereof  to  accept  such  library 
and  to  levy  annually  and  collect  a  tax  as  other  taxes  are 
levied  and  collected,  and  not  to  exceed  one  mill  on  each 
dollar  of  valuation  of  taxable  property  of  such  city  or 
town,  as  herein  specified.  Said  council  or  town  board  shall 
certify  its  said  decision  of  acceptance,  attested  by  the  clerk 
of  said  city  or  town,  and  the  mayor  of  such  city  or  presi- 
dent of  such  town  board  to  the  judge  of  the  circuit  court 
and  the  secretary  of  said  board  of  school  trustees,  where- 
upon said  judge,  city  council  or  town  board  and  board  of 
school  trustees  shall  proceed  to  appoint  said  public  library 
board  in  the  manner  and  form  and  to  all  intents  and  pur- 
poses as  is  done  by  the  voluntary  levy  of  such  tax  by  the 
council  or  town  board,  or  the  popular  subscription  filed 
with  the  clerk  of  the  court  as  hereinbefore  provided.  (As 
amended  1903,  p.  301,  R.  S.  1908,  §4925.) 


390  SCHOOL    LAW    OF    INDIANA, 

732.  Removal  of  member  of  board.    11.    The  judge  of 
the  circuit  court,  the  common  council  or  town  board  and  the 
board  of  school  trustees  may  at  any  time,  for  cause  shown, 
remove  any  member  of  such  library  board  that  may  have 
been  appointed  by  each,  respectively,  and  fill  the  vacancy 
occasioned  thereby  as  provided  for  in  section  3  of  this  act. 
(R..S.  1908,  §4926.) 

733.  Treasurer's  report.    12.    The  treasurer  of  such  city 
or  incorporated  town,  operating  libraries  under  this  act, 
shall  make  and  file  with  the  common  council  or  the  town 
board  thereof,  not  later  than  the  15th  day  of  January  of 
each  year,  an  itemized  statement,  under  oath,  of  all  the 
receipts  and  disbursements  of  such  public  library  board  for 
the  year  ending  December  31,  immediately  preceding  the 
making  and  filing  of  such  report,  and  such  report  shall 
contain  an  itemized  statement  of  the  sources  of  all  receipts, 
all  disbursements  made  and  the  purpose  for  which  the  same 
were  made,  and  such  annual  report  shall  be  open  to  inspec- 
tion of  the  citizens  of  such  city  or  town,  and  also  the  town- 
ship in  which  such  city  or  town  is  located,  providing  the 
township  has  complied  with  the  provisions  of  section  9 
herein.     (E.  S.  1908,  §4927.) 

734.  Repealing  section.    13.    All  laws  and  parts  of  laws 
in  conflict  with  the  provisions  of  this  act  are  hereby  re- 
pealed :     Provided,  That  this  act  shall  not  interfere  with 
the  maintenance  or  management  of  any  existing  library 
already  established  and  operating  under  the  laws  of  this 
state.    (R.  S.  1908,  §4928.) 

[1911.  p.  330.    Approved  March;*,  1911.] 

735.  Library — Extension  of  privileges  to  townships- 
Tax.    1.    Whenever  the  library  board  of  any  public  library 
established  in  any  city  or  incorporated  town  in  this  state 
shall  file  notice  with  the  township  advisory  board  of  any 
township  or  townships,  in  which  such  city  or  town  is  lo- 
cated, or  of  any  neighboring  township  in  the  same  county, 
of  consent  of  such  library  board  to  make  such  library  open 


SCHOOL    LAW    OF    INDIANA.  391 

and  free  to  all  the  people  of  said  township  or  townships,  on 
the  condition  of  the  said  township  or  townships  contribut- 
ing to  the  support  of  such  public  library,  such  advisory 
board  shall,  upon  petition  of  fifty  taxpayers  residing  in  any 
said  township  owning  real  estate  in  said  township  not  al- 
ready  taxed  for  such  library,  make  an  annual  appropriation 
and  levy  a.  tax  of  not  less  than  five-tenths  of  a  mill,  and  not 
more  than  one  mill,  on  each  dollar  of  taxable  property  in 
said  township,  exclusive  of  the  property  of  such  city  or 
town  already  taxed  for  such  library,  and  collect  and  pay  the 
same  over  to  the  treasurer  of  such  city  or  town  where  such 
library  is  located,  to  be  held  by  such  treasurer  as  part  of  the 
library  fund  to  be  paid  out  only  on  warrants  signed  by  the 
president  and  secretary  of  such  library  board:  Provided, 
That  the  advisory  board  may  levy  such  tax  and  make  such 
appropriation  without  such  petition:  Provided  further, 
That  in  any  township  in  this  state  where  the  public  library 
in  any  city  or  incorporated  town  is  now  open  and  free  to  the 
people  of  such  township  under  any  existing  law  of  this 
state,  and  it  appear  by  certificate  of  the  library  board  of 
such  public  library,  filed  \vitli  such  township  advisory  board, 
that  at  least  one-tenth  of  the  families  of  the  taxpayers  of 
such  township,  outside  the  limits  of  such  city  or  town,  are 
users  of  such  library,  such  township  advisory  board  shall 
make  such  appropriation  and  levy  without  such  petition: 
Provided  further,  That  where  any  township  coming  under 
the  provisions  of  this  act  owns  a  township  library  and  levies 
a  library  tax  therefor,  it  shall  be  discretionary  with  the  ad- 
visory board  of  such  township  whether  such  tax  for  such 
city  or  town  library  shall  be  levied.  Said  library  shall  re- 
main open  and  free  to  the  people  of  any  such  township  or 
townships  so  long  as  the  families  of  one-tenth  of  the  tax- 
payers in  said  township  or  townships  outside  the  limits  of 
said  city  or  town  are  found  to  be  users  of  said  library,  or 
when  less  than  one-tenth  of  the  families  of  the  taxpayers 
shall  uso  the  said  library,  the  advisory  board  may,  at  its  dis- 
cretion, continue  the  tax  herein  specified.  In  case  the  said 
tax  is  not  ievied,  or  is  discontinued,  the  library  board  may 


392  SCHOOL    LAW    OF    INDIANA. 

issue  or  sell  a  certificate  or  library  card  to  any  person  resi- 
dent m  such  township  or  townships  at  such  annual  fee  as 
may  be  deemed  by  it  to  be  fair  compensation  for  such  privi- 
leges, and  such  library  card  shall  give  the  purchaser  thereof 
the  same  right  and  privileges  as  the  inhabitants  of  the  city 
or  incorporated  town:  Provided,  That  where  any  township 
coming  under  the  provisions  of  this  act  owns  a  township  li- 
brary and  levies  a  library  tax  therefor,'  it  shall  be  discre- 
tionary with  the  advisory  board  of  such  township  whether 
such  tax  for  such  city  or  town  library  shall  be  levied. 

736.  Accounting — Report.  2.  The  library  board  of  any 
public  library  receiving  funds  from  such  township  tax  levy, 
shall  make  and  file  with  the  advisory  board  or  boards  of 
such  township  or  townships,  not  later  than  the  15th  day  of 
January  each  year,  an  itemized  statement  of  all  the  receipts 
and  disbursements  of  such  public  library  board  for  the  year 
ending  December  31  immediately  preceding  the  making  and 
filing  I" of]  such  report. 


[1899,  p.  134.    Approved  and  in  force  February  24, 

737.  Public  library  commission.     1.     There  is  hereby 
created  a  public  library  commission,  which  shall  be  com- 
posed of  three  members,  appointed  by  the  governor,  who 
shall  serve  without  compensation  except  as  herein  provid- 
ed, each  for  the  term  of  four  years,  except  that  one  of  the 
members  first  so  appointed  by  the  governor  shall  be  ap- 
pointed for  a  term  of  two  years  only,  and  one  for  one  year. 
(R.  S.  1908,  §6654.) 

738.  Office— Duties— Employes.    2.    Said  public  library 
commission  shall  be  assigned  a  permanent  office  room  in  the 
state  house,  with  storage  and  shipping  rooms  in  the  base- 
ment of  the  same  sufficient  for  the  performance  of  its  duties. 
It  shall  have  the  custody,  control  and  management  of  the 
traveling  libraries  hereinafter  provided  for,  shall  purchase 
the  books  and  collections  of  books  therefor,  and  the  equip- 
ment for  the  same;  shall  adopt  rules  and  regulations  for 
loaning  such  books  and  collections  of  books  to  library  associ- 


SCHOOL    LAW    OF    INDIANA. 


393 


ations,  and  to  the  persons  entitled  to  borrow  the  same,  and 
shall  provide  for  and  require  such  security  and  guaranty  for 
the  safe  return  of  such  books  or  collections  of  books  as  may 
be  deemed  advisable;  shall  prepare  lists  of  books  suitable 
for  public  libraries  and  obtain  prices  for  the  same,  and 
furnish  such  lists  when  required ;  shall  furnish  information 
or  advice  as  to  the  organization,  maintenance  or  adminis- 
tration of  any  library  in  the  state.  It  shall  also  provide 
courses  of  library  instruction,  print  lists  and  circulars  of 
information  and  perform  such  other  services  in  behalf  of 
public  libraries  as  it  may  consider  for  the  best  interests 
of  the  state.  The  said  commission  shall  employ  a  secretary 
and  such  other  assistants  as  shall  be  requisite  for  the  per- 
formance of  the  services  above  specified,  who  shall  serve 
under  the  direction  of  the  commission.  The  commission 
shall  each  year  obtain  reports  of  alt  libraries  in  the  state, 
and  on  October  31,  1906,  the  commission  shall  make  a  full 
report  to  the  governor  as  to  the  library  conditions  and  pro- 
gress in  Indiana.  This  report,  when  printed,  shall  be  pre- 
sented to  the  general  assembly  of  the  state  of  Indiana,  and 
biennially  thereafter  a  like  report  shall  be  made.  These 
reports  shall  be  printed  and  bound. by  the  state  printing 
board,  the  same  as  other  public  documents,  and  shall  be 
distributed  by  the  public  library  commission.  (As  amended 
1905,  p.  151,  R.  S.  1908,  §6655.) 

739.  Purchase  of  books — Appropriation.  3.  There  is 
hereby  annually  appropriated  from  any  funds  in  the 
treasury  not  otherwise  specifically  appropriated  the  sum  of 
seven  thousand  dollars  ($7,000.00)  to  carry  into  effect  the 
provisions  of  this  act.  All  bills  incurred  by  the  commis- 
sion or  by  its  members  and  assistants  under  the  law,  when 
approved  and  certified  by  the  president  and  secretary  of  the 
commission,  shall  be  presented  to  the  state  auditor,  who 
shall  issue  warrants  therefor  upon  the  state  treasury, 
which  shall  be  in  lieu  of  all  sums  now  provided  by  law  for 
the  carrying  into  effect  the  provisions  of  this  act.  (As 
amended  1903,  p.  179,  R.  S.  1908,  §6656.) 


394  SCHOOL    LAW    OF    INDIANA. 

740.  Library  association.    4.    Any  five  or  more  citizens 
may  organize  a  library  association,  which  on  furnishing 
security  satisfactory  to  said  commission,  shall  be  entitled 
to  the  use  of  the  traveling  libraries  under  the  rules  and 
regulations  of  said  commission,  and  without  charge  further 
than  all  expenses  of  transportation  of  said  libraries.    Any 
local  library,  literary  or  other  club,  agricultural  or  other 
society,  grange,  college,  seminary,  university  extension  cen- 
ter, study  circle  or  other  associations  shall  have  the  use  of 
said   traveling   libraries  on  furnishing  satisfactory  secur- 
ity and  complying  with  the  rules  and  regulations  as  afore- 
said.   (E.  S.  1908,  §6657.) 

Section  5  of  this  act  has  been  repealed. 

L1899.  p.  134.    Approved  and  in  force  February  24,  1899.1 

741.  Advice.     6.     The  librarian  or  trustee  of  any  frea 
public  library  may  apply  to  said  public  library  commis- 
sion for  advice  as  to  all  matters  pertaining  to  the  organiza- 
tion, maintenance  or  administration  of  their  library;  and 
said  commission  shall  give  such  advice  and  personal  atten- 
tion as  may  be  necessary.    (R.  S.  1908,  §6659.) 

742.  Township  library.    7.    The  advisory  board  of  any 
township  desiring  to  establish  and  maintain  a  public  library 
open  to  and  for  the  free  use  of  all  the  inhabitants  thereof, 
may  levy  a  tax  annually  of  not  more  than  one  mill  on  each 
dollar  of  taxable  property  assessed  for  taxation  in  such 
township.     If  the  advisory  board  do  not  make  such  levy, 
then,  on  the  written  petition  of  fifty  legal  voters  of  any 
township  filed  with  the  county  clerk  not  less  than  fifteen 
days  prior  to  a  township  election,  the  county  board  of  elec- 
tion commissioners  shall  cause  to  be  printed  on  the  town- 
ship ballots  for  such  township  the  words:  "For  a  township 
library  tax. "    "  Yes. "    "  No. "    If  in  the  election  a  majority 
of  the  votes  cast  on  said  question  shall  be  in  the  affirmative, 
the  township  trustee  shall  thereafter  levy  annually  a  tax  of 
not  less  than  five-tenths  of  a  mill  nor  more  than  one  mill  on 
each  dollar  of  the  property  taxable  in  said  township  for  the 
establishment  and  support  of  a  township  library  free  to  all 


Sl/UOOL    LAW    OK    INDIANA.  395 

inhabitants  of  such  township,  which  tax  shall  be  levied,  as- 
sessed, collected  and  paid  as  other  township  taxes  are  levied, 
assessed,  collected  and  paid:  Provided,  That  after  such  li- 
brary has  been  established  such  tax  levy  shall  be  discon- 
tinued when,  under  the  above  provision,  the  question  of  dis- 
continuing* such  levy  shall  have  been  submitted  to  a  vote 
and  the  majority  of  the  votes  cast  on  said  question  shall  be 
in  the  negative:  Provided  further,-  That  if  there  be  located 
in  said  township  a  public  library  open  to  the  use  of  all  the 
inhabitants  thereof,  then  the  proceeds  of  said  tax  shall  be 
paid  to  said  public  library.  Be  it  further  enacted,  that  in 
any  township  outside  of  cities  in  which  there  has  been  or 
may  hereafter  be  established  by  private  donations  a  library 
of  the  value  of  ten  thousand  dollars  or  more,  including  the 
real  estate  and  buildings  used  for  such  library  for  tjie  use 
and  benefit  of  all  the  inhabitants  thereof,  the  township  trus-  • 
tee  of  such  township  shall  annually  levy  and  collect  not 
more  than  six  cents  on  the  hundred  dollars,  upon  the  tax- 
able property  within  the  limits  of  such  township,  which 
shall  be  paid  to  the  trustees  of  such  library,  and  be  applied 
by  them  to  the  purchase  of  books  for  said  library  and  to  the 
cost  of  the  maintenance  thereof,  and  said  trustee  may,  with 
the  consent  of  the  board  of  commissioners  of  the  county, 
when  it  shall  become  necessary  to  purchase  additional 
ground  for  the  extension  or  protection  of  library  buildings 
already  established  by  such  private  donation,  annually  levy 
and  collect  not  more  than  five  cents  on  the  hundred  dollars 
upon  all  taxable  property  of  said  township  for  not  more 
than  three  years  successively,  which  shall  be  expended  by 
said  trustees  in  the  purchase  of  said  property  and  the  erec- 
tion and  enlargement  of  library  building  thereon.  (R.  S. 
1908,  §6660,  as  amended  1911,  p.  73.) 

743.  Township  library  board — Townships  uniting.  8. 
In  any  township  where  a  free  public  library  is  established 
as  above  provided,  there  shall  be  established  a  township 
library  hoard  composed  of  the  school  township  trustee  and 
two  residents  of  the  township,  to  be  appointed  by  the  judge 
of  thf»  circuit  court  (one  of  whom  shall  be  a  woman).  Of 


396  SCHOOL     LAW    OF    INDIANA. 

the  first  two  members  of  such  board  so  appointed  one  shall 
be  appointed  for  a  term  of  two  years  and  one  for  four  years, 
and  thereafter  the  term  of  office  shall  be  four  years.  Such 
library  board  shall  have  control  of  the  purchase  of  books 
and  the  management  of  such  library,  and  shall  serve  with- 
out compensation.  Said  library  shall  be  the  property  of  the 
school  township,  and  the  school  township  trustee  shall  be 
responsible  for  the  safe  preservation  of  the  same.  Said 
board  shall  be  entitled  to  the  possession  and  custody  of  any 
books  remaining  in  the  old  township  library  in  such  town- 
ship; and  such  board  shall  be  empowered  to  receive  dona- 
tions, bequests  and  legacies  for  and  on  behalf  of  such  li- 
brary, and  shall  be  entitled  to  receive  from  the  public  li- 
brary commission  and  state  librarian  copies  of  all  docu- 
ments of  this  state  available  for  distribution.  Two  or  more 
adjacent  townships  may  unite  to  establish  and  maintain  a 
public  library  at  the  discretion  of  the  advisory  boards,  and 
when  two  or  more  townships  have  so  united,  the  combined 
library  boards  appointed  as  herein  specified  or  the  board  of 
the  public  library  to  which  such  money  is  paid  as  herein 
provided,  shall  control  the  library  so  established.  (E.  S. 
1908,  §6661,  as  amended  1911,  p.  73.) 

744.  Official  documents.    9.    The  state  librarian  and  the 
public  library  commission  shall  supply  any  library  of  this 
state  with  copies  of  official  documents  and  publications  of 
the  state  in  his  custody  available  for  distribution  within 
the  state.    (E.  S.  1908,  §6662.N 

745.  Member  of  commission  not  to  be  publisher.  10.  No 
member  of  the  public  library  commission  shall  be  in  any 
way  connected  with  the  business  of  publishing  or  selling 
books.    (E,  S.  1908,  £6668.) 

[1883,  p.  103.    Approved  March  5.  1883,  and  in  force  June|5,  1883.] 

746.  In  cities  and  towns.    1.    In  all  the  cities  and  incor- 
porated towns  in  this  state  the  board  of  school  trustees, 
board  of  school  commissioners,  or  whatever  board  may  be 
established  by  law  to  take  charge  of  the  public  or  common 


SCHOOL     LAW    OF     IMHANA.  397 

schools  of  such  city  or  incorporated  town,  shall  have  power, 
if,  in  their  discretion,  they  deem  it  to  the  public  interest, 
to  establish  a  free  public  library  in  connection  with  the 
common  schools  of  such  city  or  incorporated  town,  and  to 
make  such  rules  and  regulations  for  the  care,  protection 
and  government  of  such  library,  and  for  the  care  of  the 
books  provided  therefor,  and  for  the  taking  from  and  re- 
turning to  said  library  of  such  books,  as  the  said  board  may 
deem  necessary  and  proper,  and  to  provide  penalties  for 
the  violation  thereof:  Provided,  That  in  any  city  or  incor- 
porated town  where  there  is  already  established  a  library 
open  to  all  the  people,  no  tax  shall  be  levied  for  the  pur- 
pose herein  named.  (B.  8.  1908,  §6(>t2.) 

[1885,  p.  120.    Approved  and  in  force  April  2,  1885.] 

747-J-.  Libraries  in  certain  cities.  1.  Wherever  the  board 
of  directors  of  a  library  heretofore  situate  within  the  lim- 
its of  any  incorporated  town  may  have  filed  the  agreement 
and  request  with  the  board  of  trustees  of  said  town,  pro- 
vided for  in  an  act  entitled  "an  act  supplementary  to  an 
act  entitled  an  act  to  establish  public  libraries,"  approved 
February  16,  1852,-  approved  March  8,  1883,  and  the  board 
of  trustees  of  such  town  may  have  levied  a  tax  for  the  sup- 
port of  such  library  in  pursuance  of  such  request  and 
agreement  and  in  accordance  with  said  act,  and  such  town 
may  afterward  have  become  incorporated  as  a  city,  the 
common  council  of  such  city  shall  have  all  the  powers  to 
levy  tax,  and  do  all  other  things  granted  by  said  act  above 
named  to  trustees  of  towns,  and  all  the  provisions  of  said 
act  applicable  to  such  library,  and  its  relations  to  the  town 
before  its  incorporation  as  a  city  shall,  after  such  incor- 
poration, be  applicable  to  such  library,  and  its  relations  to 
such  cit. 


(1899,  p.  561.    Approved  March  6,  1899,  and  in  force  April  28, 

748.  Tax  to  maintain.  2.  Such  board  shall  also  have 
power  to  levy  a  tax  of  not  exceeding  one  mill  on  each  dol- 
lar of  taxable  property  assessed  for  taxation  in  such  city 
in  each  year  ;  which  tax  shall  be  placed  on  the  tax  duplicate 


398 


SCHOOL    LAW    OF    INDIANA. 


of  such  city,  and  collected  in  the  same  manner  as  other 
taxes;  and  when  said  taxes  are  so  collected,  they  shall  be 
paid  over  to  the  said  board  for  the  support  and  mainte- 
nance of  said  public  library.  Such  board  shall  have  power 
and  it  shall  be  its  duty  to  disburse  said  fund,  and  all  rev- 
enues derived  from  gift  or  devise,  in  providing  and  fitting 
up  suitable  rooms  for  such  library;  in  the  purchase,  care 
and  binding  of  books  therefor,  and  in  the  payment  of  sala- 
ries to  a  librarian  and  necessary  assistants.  (R.  S.  1908, 
§6643.) 

[1901,  p.  14.    Approved  and  in  force  February  13, 1901.1 

749.  Libraries  in  cities  of  3,500  to  4,000.      1.      Cities 
having  a  population  of  thirty-five  hundred  by  the  census 
of  1900,  and  not  more  than  four  thousand,  be,  and  they  are 
hereby  authorized  to  accept  a  tender  of  the  custody  and 
control  of  libraries  established  by  library  associations,  in- 
corporated or  otherwise,  provided  such  libraries  contain  at 
least  three  thousand  volumes,  and  to  levy  a  tax  of  not  more 
than  five  cents  on  the  one  hundred  dollars  of  valuation  of 
taxable  property  within  such  cities  for    the    maintenance 
thereof.    (K.  S.  1908,  §4884.) 

1.  NOTE.  This  statute  applies  only  to  Auburn,  Garrett,  Gas  City, 
Greencastle,  Plymouth,  Tipton,  Warsaw,  Whiting  and  Winchester.  It  does 
not  apply  to  towns  having  over  3,500  and  less  than  4,000  inhabitants  accord- 
ing to  the  census  of  1900. 

750.  Acceptance  of  library.    2.    Such  acceptances  shall 
be  indicated  by  a  resolution  of  the  common  council  of  such 
city,  whereupon  the  mayor  of  said  city  shall  appoint  three 
reputable  citizens  of  said  city,  not  more  than  two  of  whom 
shall  belong  to  the  same  political    party,  as  a  board    of 
library  directors,  one  member  of  said  board  to  serve  until 
the  first  day  of  June  next  succeeding,  one  member  of  said 
board  to  serve  until  one  year  thereafter,  the  said  first  day 
of  June  next  succeeding,  and  one  member  of  said  board  to 
serve  until  two  years  thereafter,  said  first  day  of  June  next 
succeeding,  and  a  member  of  said  board  shall  be  appointed 
by  the  mayor  of  said  city  each  year,  whose  term  of  office 


SCHOOL    LAW    OF    INDIANA.  399 

shall  commence  on  the  first  day  of  June  of  that  year.  Sucfi 
board  shall  organize  on  the  first  day  of  June  of  each  year 
by  electing  one  of  its  number  as  president,  one  of  its  num- 
ber as  secretary,  and  one  of  its  number  as  treasurer,  which 
treasurer  shall  give  a  bond  with  freehold  sureties  subject 
to  the  approval  of  the  common  council,  to  faithfully  ac- 
count for  all  funds  which  may  come  into  his  hands  as  such 
treasurer.  They  shall  be  sworn  by  the  mayor  to  an  honest 
and  faithful  discharge  of  their  duties.  The  bond  of  the 
treasurer  shall  be  made  payable  to  the  city.  R.  S.  1908, 
§4885.) 

751.  Payment  of  taxes — Control.     3.    The  treasurer  of 
the  board  of  library  directors  shall  receive  from  the  city 
treasurer  all  taxes  collected  for  library  purposes  and  pay 
out  the  same  on  the  order  of  the  board.  The  board  of  direc- 
tors shall  have  the  custody  and  control  of  such  library,  sub- 
ject to  any  rules  adopted  by,  or  orders  of  the  common  coun- 
cil, employ  a  librarian,  if  the  members  of  said  board  deem 
it  necessary,  fix  and  pay  the  compensation  of  such  libra- 
rian, pay  all  necessary  expenses  of  maintaining  such  li- 
brary, and  buy  new  books  to  add  to  such  library  as  the 
library  fund  may  justify,  but  in  no  case  shall  such  board 
be  authorized  to  incur  any  liabilities  in  excess  of  the  avail- 
able funds  on  hand     (E.  S.  1908,  ^4886.) 

752.  Privileges  of  library.    4.    Any  resident  of  said  city 
shall  be  entitled  to  the  use  of  the  books  in  such  library  free 
of  charge  upon  compliance  with  such  rules  and  regulations 
as  may  be  prescribed  by  the  board  of  directors,  and  the 
board  of  directors  may  prescribe  such  rules  and  regula- 
tions as  they  may  see  fit  for  the  government  and  control 
of  such  libraries,  if  the  said  rules  and  regulations  are  not 
in  conflict  with  any  order  of  the  common  council  of  such 
city  with  reference  to  such  library,  and  the  government 
and  control  thereof.     Such  board  of  directors  shall  make 
a  detailed  report  to  the  common  council  at  the  end  of  each 
annual  term,  acompanied  by  the  report  of  the  treasurer 
and  showing  all  receipts  and  expenditures  by  him,  and 


400 


SCHOOL    LAW    OF    INDIANA. 


attested  by  the  president  and  secretary.     Such  directors 
shall  serve  without  compensation  for  services.     (H.  S.  1908, 

§4887.) 

753.  Removal  of  directors.    5.    The  common  council  or 
the  mayor,  upon  cause  shown,  may  at  any  time  remove  any 
member  of  the  board  of  library  directors,  and  upon  such 
removal  or  the  creation  of  a  vacancy  otherwise,  the  mayor 
shall  fill  the  vacancy  by  appointment.     (R.  S.  1908,  §4888.) 

754.  Library  fund.    6.    The  tax  authorized  by  section  1 
of  this  act  shall  be  levied  and  collected  as  other  taxes  are 
levied  and  collected,  but  shall  constitute  a  special  fund 
to  be  known  as  the  library  fund.    (R,  S.  1908,  §4889.) 

[1885,  p.  9.    Approved  and  in  force  February  18,  1885.] 

755.  Tax  levy  for  library.    1.    Any  township  in  which 
there  has  been,  or  may  hereafter  be,  established  by  private 
donations,  a  library  of  the  value  of  one  thousand  dollars, 
or  more,  for  the  use  and  benefit  of  all  the  inhabitants  there- 
of, the  township  trustee  of  such  township  shall  annually 
levy  and  collect  not  more  than  one  cent  on  the  hundred  dol- 
lars upon  the  taxable  property  within  the  limits  of  such 
township,  which  shall  be  paid  to  the  trustees  of  such  library, 
and  be  applied  by  them  to  the  purchase  of  books  for  said 
library,  and  may,  with  the  consent  of  the  board  of  commis- 
sioners of  the  county,  when  it  shall  become  necessary  to 
erect  or  enlarge  a  library  building,    annually,    for    such 
period  as  may  be  necessary,  levy  and  collect  not  more  than 
five  cents  on  the  one  hundred  dollars  upon  the  taxable  prop- 
erty of  said  township,  for  not  more  than  three  years  suc- 
cessively, which  shall  be  expended  by  the  trustees  in  the 
erection  or  enlargement  of  a  library  building 

This  section  is  probably  repealed  by  the  following: 

[1899,  p.  228.    Approved  and  in  force  March  2,  1899. ! 

756.  Office  of  librarian  abolished.    1.    In  any  township 
in  this  state  in  which  there  has  been  or  may  hereafter  be 
established  by  private  donations  a  library  of  the  value  of 

thousand  dollars  or  more,  for  the  use  and  benefit  of  all 


SCHOOL    LAW    OF    INDIANA.  401 

the  inhabitants  thereof,  the  board  of  commissioners  of  the 
county  in  which  such  township  is  situated  may,  upon  due 
proof  thereof,  by  proper  order  entered  upon  its  records, 
abolish  the  office  of  township  librarian  and  require  and  or- 
der that  the  township  library  in  the  hands  of  the  township 
trustee  or  the  librarian  thereof  (including  all  the  books, 
papers,  records,  furniture  and  paraphernalia  pertaining 
thereto),  be  turned  over  and  transferred  to  the  tustees  or 
other  managing  officers  of  such  library  established,  as 
aforesaid.  (R,  S.  1908,  §4913.) 

757.  Library  discontinued.     2.    That  in  the  event  said 
library  association  so  established  or  to  be  established,  shall 
from  any  cause  cease  to  exist  or  to  perform  its  duties  to  the 
inhabitants  of  such  township,  then  all  its  property  of  every 
kind  shall  be  turned  over  to  and  become  the  property  of 
such  township.    (R.  S.  1908,  §4914.) 

758.  Legalizing  section.    3.    All  library  associations  of 
this  state  which  purport  to  have  been  organized  and  estab- 
lished pursuant  to  the  provisions  of  the  laws  of  this  state, 
for  the  use  and  benefit  of  all  the  inhabitants  of  any  town- 
ship in  this  state,  and  to  which  private  donations  to  the 
amount  of  one  thousand  dollars  or  more  have  been  sub- 
scribed, are  hereby  legalized,  made  valid  and  declared  to 
be  legal  library  corporations  within  the  purview  of  this 
act,  and  all  records,  proceedings,  subscriptions  to  and  acts 
of  the  library  associations  are  hereby  ratified,  legalized  and 
made  valid.    (R.  S.  1908,  §4915.) 

(1881,  p.  47.    Approved  and  in  force  March  7, 1881.] 

759.  Real  estate.     3.     Any  such  city  in  which  a  free 
public    library   may   be    established    in    accordance    with 
the  terms  of  this  act  may  acquire  by  purchase,  or  take  and 
hold  by  gift,  grant,  or  devise,  any  real  estate  necessary 
for,  or  which  may  be  donated  or  devised  for,  the  benefit  of 
such  library;  and  all  revenues  arising  therefrom,  and  the 
proceeds  of  the  same,  if  sold,  shall  be  devoted  to  the  use  of 
said  library.    (R,  S.  1908,  §6645.) 

[26—27277] 


402  SCHOOL    LAW    OF    INDIANA. 

[1885,  p.  160.    Approved  and  in  force  April  8,  1885.] 

760.  Real  estate  for  libraries.    1.    In  any  ease  in  which 
the  board  of  school  trustees  of  any  city  of  this  state  have 
purchased  any  real  estate  for  the  use  of  a  public  library 
of  said  city,  under  sections  4524,  4525  and  4526  [§§  402, 
403  and  404]  of  the  revised  statutes  of  1881,  and  the  rev- 
enue derived  from  taxation  under  said  sections  may  have 
been  or  shall  be  insufficient  to  pay  for  such  real  estate, 
then  said  trustees  be  and  they  are  hereby  authorized  to 
pay  for  the  same  out  of  any  money  in  the  treasury  of  such 
school  city  belonging  to  the  special  school  fund  thereof.   (E. 
S.  1908,  §6646.) 

[1903,  p.  346.?  Approved  and  in  force  March  9, 1903.] 

761.  Parks  used  for  library.    1.    It  shall  be  lawful  for 
the  common  councils  or  boards  of  trustees  of  all  incorpo- 
rated cities  and  tons  in  this  state  to  authorize  and  permit 
the  use  of  any  public  park  in  such  cities  or  towns  for  the 
location  and  erection  of  city,  county,    town    or   township 
library  buildings,  and  the  use  of  such  public  park  for  such 
purpose  shall  not  be  considered  as  a  vacation  of  such  park 
nor  as  an  abandonment  thereof  for  the  purposes  for  which 
the  same  was  laid  out  or  dedicated. 

762.  Prior  acts  legalized.    2.    Prior  actions  of  any  of  the 
common  councils  or  boards  of  trustees  of  any  of  the  incor- 
porated cities  or  towns  in  this  state  in  authorizing  or  per- 
mitting, by  ordinance,  the  use  of  any  of  the  public  squares, 
spaces  or  parks  in  such  cities  or  towns  for  the  locations 
and  erection  of  said  county,  town  or  township  library  build- 
ings, be  and  the  same  are  hereby  ratified,  confirmed,  legal- 
ized and  in  all  things  made  valid,  and  such  action  shall  not 
be  considered  as  a  vacation  of  such  square,  space  or  park, 
nor  as  abandonment  thereof  for  the  purpose  for  which  the 
same  was  laid  out  or  dedicated. 

[1891,  p.  37.    Approved  and  in  force  February  26,  1891.] 

763.  School  and  library  tax  in  cities  of  30,000.    1.    In 
all  cities  of  the  state  of  Indiana  where  boards  of  school 
commissioners  have  been  elected   and   are   managing   the 


SCHOOL     I. AW    OK     IXIMAXA.  403 

school  affairs  of  said  city  under  an  act  of  the  general  as- 
sembly of  the  state  of  Indiana,  entitled  "An  act  provid- 
ing for  a  general  system  of  common  schools  in  all  cities 
of  thirty  thousand,  or  more,  inhabitants,  and  for  the  elec- 
tion of  a  board  of  school  commissioners  for  such  cities,  and 
defining  their  duties  and  prescribing  their  powers,  and  pro- 
viding for  common  school  libraries  within  such  cities,  ap- 
proved March  3,  1871,  and  the  various  acts  of  the  general 
assembly  amendatory  thereof,  and  supplemental  thereto, 
and  in  which  the  office  of  city  treasurer  has  been,  or  here- 
after may  be,  abolished  under  and  by  virtue  of  an  act  of 
the  general  assembly  of  the  state  of  Indiana,  entitled,  'An 
act  concerning  taxation  for  city  and  school  purposes  in 
cities  containing  a  population  of  over  seventy  thousand,  as 
shown  by  the  last  census  of  the  United  States;  to  abolish 
the  offices  of  city  assessor  and  city  treasurer  in  such  cities, 
and  provide  for  the  discharge  of  the  duties  of  such  offices, 
and  repealing  laws  in  conflict  therewith,  approved  Febru- 
ary 21, 1885, '  "  such  boards  of  school  commissioners  be  and 
they  are  hereby  authorized  and  empowered,  in  the  manner 
and  form  in  which  they  are  now  by  law  authorized  to  levy 
taxes,  levy  taxes  for  the  support  of  the  schools  within  such 
city,  including  such  taxes  as  may  be  required  for  paying 
teachers,  in  addition  to  the  taxes  now  authorized  to  be  levied 
by  the  general  assembly  of  the  state  of  Indiana,  not  to  ex- 
ceed, however,  in  any  one  year,  the  sum  of  twenty-five  cents 
on  the  one  hundred  dollars,  of  the  taxable  property  as 
shown  by  the  certificate  showing  the  assessment  and  valua- 
tion for  taxation  of  all  taxable  real  and  personal  and  rail- 
road property  of  such  city,  required  to  be  delivered  to  said 
board  of  school  commissioners  by  section  8  of  the  said  act  of 
the  general  assembly  of  the  state  of  Indiana,  approved 
February  21,  1885,  and  also  to  levy  a  tax  each  year  not  ex- 
ceeding four  cents  on  each  one  hundred  dollars  of  the  tax- 
able property  in  said  city,  as  shown  by  said  certificate,  for 
the  support  of  free  public  libraries,  in  connection  with  the 
common  schools  of  said  city,  and  to  disburse  any  and  all 
revenues  raised  by  such  tax  levied  for  library  purposes,  in 
the  purchase  of  books  and  in  the  fitting  up  of  suitable  rooms 


404  SCHOOL     LAW    OF     IXDIAXA. 

for  such  libraries,  salaries  to  librarians  and  other  expenses 
necessarily  incident  to  the  maintenance  of  such  library ; 
also,  to  make  and  enforce  such  regulations  as  they  may 
deem  necessary  for  the  taking  out,  and  returning  to,  and 
for  the  proper  care  of  all  books  belonging  to  such  libraries, 
and  to  prescribe  penalties  for  the  violation  of  such  regula- 
tions. 

764.  County  treasurer  reports  to  board  of  school  com- 
missioners. 2.  In  all  cities  in  the  state  of  Indiana,  where 
boards  of  school  commissioners  have  been  elected  and  are 
managing  the  school  affairs  of  said  city,  under  and  by  vir- 
tue of  said  act  of  the  general  assembly  of  the  state  of  Indi- 
ana, approved  March  3,  1871,  and  in  which  the  office  of 
city  treasurer  has  been,  or  may  hereafter  be,  abolished,  un- 
der and  by  virtue  of  said  act  of  the  general  assembly  of 
the  state  of  Indiana,  approved  February  21,  1885,  as  men- 
tioned and  described  in  the  first  section  of  this  act,  it  shall 
be  the  duty  of  the  county  treasurer,  on  and  after  making 
his  settlement  with  the  county  auditor  on  the  third  Monday 
of  April,  1891,  and  the  payment  to  the  board  of  school  com- 
missioners of  the  amount  by  such  settlement  found  to  be 
due  to  it,  as  required  by  section  13  [E.  S.  1894,  §  3758;  E. 
S.  1897,  §  1283;  Acts  1885,  p.  13]  of  the  last  above  named 
act,  at  the  close  of  each  calendar  month,  to  make  report, 
duly  verified  by  his  oath,  to  said  board  of  school  commis- 
sioners of  all  taxes  and  delinquent  taxes  collected  within 
said  month,  and  thereafter,  upon  demand  of  the  treasurer 
of  said  board  of  school  commissioners,  to  pay  to  him,  for  the 
use  of  said  board  of  school  commissioners,  the  full  amount 
of  said  taxes  and  delinquent  taxes  shown  by  said  report  to 
have  been  collected.  Upon  such  payment  being  made,  the 
treasurer  of  the  board  of  school  commissioners  shall  exe- 
cute to  said  county  treasurer  his  receipt  for  the  amount 
of  money  so  paid,  which  receipt  th~e  latter  shall  deliver  to 
the  secretary  of  the  board  of  school  commissioners,  who 
shall  give  him  a  quietus  therefor,  and  credit  said  county 
treasurer  with  the  amount  thereof,  and  charge  such  amount 
to  the  treasurer  of  said  board  of  school  commissioners. 


SCHOOL     LAW     OK     IXDIAXA.  405 

765.  County  treasurer's  credits.    3.    Said' county  treas- 
urer shall,  thereafter  in  his  settlement  with  the  county  audi- 
tor, made  as  required  by  law,  on  the  third  Monday  of  April, 
and  the  first  Monday  of  November,  in  each  year,  present 
such  quietuses  to  the  county  auditor,  who  shall  give  such 
county  treasurer  credit  therefor  as  against  the  sums  with 
which  he  is  chargeable  upon  account  of  the  collection  of 
such  school  taxes. 

1.     REPEALING  SECTION.    The  fourth  section  expressly  repeals  the  act 
of  18SO,  p.  432,  on  the  same  subject. 

[1901,  p.  10.    Approved  and  in  force  February  13,  1901. 

766.  School  and  library  tax  in  cities  of  15,000  to  30,000. 

1.  In  all  cities  in  the  state  of  Indiana  where  boards  of 
school  commissioners  have  been  elected  and  are  manag- 
ing the  school  affairs  of  said  city  under  an  act  of  the 
general  assembly  of  the  state  of  Indiana,  entitled  "An  act 
providing  for  a  general  system  of  common  schools  in  all 
cities  of  thirty  thousand  or  more  inhabitants,  and  for  the 
election  of  a  board  of  school  commissioners  for  such  cities, 
and  defining  their  duties  and  prescribing  their  powers  and 
providing  for  common  school  libraries  within  such  cities, " 
approved  March  3,  1871,  and  the  various  acts  of  the  gen- 
eral assembly  amendatory  thereof  and  supplemental  there- 
to, and  in  all  cities  in  the  state  of  Indiana  of  15,000  or  more 
inhabitants,  where  boards  of  school  trustees  have  been 
elected  and  qualified  under  an  act  of  the  general  assembly 
of  the  state  of  Indiana,  entitled,  "An  act  to  amend  sec- 
tion 1  of  an  act  entitled  'An  act  to  amend  an  act  entitled 
An  act  to  provide  for  a  general  system  of  common  schools, 
the  officers  thereof  and  their  respective  powers  and  duties, 
and  matters  properly  connected  therewith,  and  prescrib- 
ing the  fees  for  certain  officers  therein  named,  and  for  the 
establishment  and  regulation  of  township  libraries,  and  to 
repeal  all  laws  inconsistent  therewith,  providing  penalties 
therein  prescribed,  approved  March  6,  1865,  and  adding 
supplemental  sections  thereto,'  approved  March  8,  1873, " 
(approved  March  12,  1875),  being  section  4439  of  the  re- 
vised statutes  of  1881,  such  board  of  school  commissioners 


406  SCHOOL    LAW    OF    INDIANA. 

be  and  they  are  hereby  authorized  and  empowered  to  issue 
bonds  in  any  sum  not  exceeding  one  hundred  thousand  dol- 
lars, for  the  purpose  of  erecting  buildings  for  library  and 
school  offices  to  be  used  in  connection  with  the  common 
schools  of  said  city.  Such  bonds  to  bear  interest  not  ex- 
ceeding five  per  cent,  per  annum  payable  after  eleven  years 
from  the  date  thereof  and  within  twenty  years  from  the 
date  thereof,  as  follows,  to  wit:  One-tenth  thereof  to  be 
paid  eleven  years  from  date,  and  one  tenth  thereof  to 'be 
paid  each  succeeding  year  until  all  are  paid;  the  money 
obtained  from  the  sale  of  such  bonds  shall  be  disbursed  by 
said  board  of  school  commissioners  and  said  board  of 
school  trustees,  respectively,  in  the  erection  of  a  building 
for  the  library  and  school  offices  to  be  used  in  connection 
with  the  common  schools  of  said  city.  Such  bonds  shall  be 
designated  "library  building  bonds/'  and  may  be  issued 
in  such  denominations,  and  in  such  sums  from  time  to  time 
as  the  board  of  school  commissioners,  or  the  board  of 
school  trustees,  respectively,  may  deem  expedient;  and 
each  of  said  bonds  shall  upon  its  face  designate  the  date 
of  the  maturity  thereof :  Provided,  That  at  no  time  shall 
the  amount  of  bonds  so  issued  for  such  purpose  by  any 
such  board  of  school  commissioners  exceed  the  sum  of  one 
hundred  thousand  dollars;  and  that  said  board  of  school 
commissioners,  or  said  board  of  school  trustees,  shall  have 
no  power  to  issue  any  renewal  thereof,  but  the  same  shall 
be  paid  at  maturity  as  hereinafter  provided:  And,  pro- 
vided further,  That  such  bonds  shall  not  be  sold  for  less 
than  their  par  value. 

767.  Payment  of  bonds.  2.  If  the  board  of  school  com- 
missioners, or  the  board  of  school  trustees,  in  any  city  shall 
exercise  the  powers  granted  to  it  by  this  act,  it  shall  pro- 
vide for  the  payment  of  said  bonds  as  follows:  At  the 
time  of  the  levying  of  the  taxes  for  the  year  which  shall 
be  collectible  immediately  before  the  maturity  of  the  first 
maturing  of  said  bonds,  said  board  of  school  commissioners 
and  said  board  of  school  trustees,  respectively,  shall  levy, 
in  addition  to  the  levy  of  taxes  they  may  be  authorized  to 


'SCHOOL  LAW  OF  INDIANA.  407 

make  for  other  purposes,  a  tax  upon  all  property  subject 
to  taxation  by  it  sufficient  to  pay  the  first  maturing  of  such 
bonds,  and  apply  the  money  raised  thereby  to  the  payment 
thereof ;  and  each  year  thereafter  said  board  of  school  com- 
missioners and  said  board  of  school  trustees,  respectively, 
shall  levy  such  tax,  and  apply  the  proceeds  thereof  to  the 
payment  of  the  bonds  successively  maturing  until  all  shall 
have  been  paid. 

11911.  p.  186.    Approved  March  3,  1911.1 

768.  Towns — Transfer  of  property  to  library  board.    1. 
Whenever  the  town  board  of  any  town  shall  heretofore  have 
purchased  or  otherwise  acquired  any  property  for  the  pur- 
pose of  transferring  the  same  for  library  purposes  to  the 
public  library  board  of  such  town,  it  shall  be  lawful  for 
such  board  to  transfer  such  property  to  the  public  library 
board  and  for  the  public  library  board  to  accept  such  prop- 
erty for  library  purposes,  and  that  such  property  shall  re- 
vert to  the  town  board  whenever  it  ceases  to  be  used  for  li- 
brary purposes. 

769.  Purchases  legalized.    2.    Alb  purchases  of  property 
heretofore  made  by  town  boards  for  the  purpose  of  transfer- 
ring the  same  for  library  purposes  to  the  public  library 
board  are  hereby  legalized  and  rendered  valid. 


408 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XXV. 

STATE  LIBRARY. 


SEC. 

781.  Report  of  receipts  and  expenditures. 

782.  Removal  of  librarian  or  assistants. 

783.  Violation  of  this  act,  penalty. 

784.  Publications  delivered  to  librarian. 

785.  Distribution  of  publications. 

786.  State  library — Legislative  reference  depart- 

ment. 

787.  Reference  librarian — Salary. 

788.  Appropriation. 


SEC. 

770.  Management. 

771 .  Election  of  librarian— Term . 

772.  Term  of  office— Bond. 

773.  Library,  when  to  be  kept  open. 

774.  Preservation  of  state  documents. 

775.  Legislative  papers,  preservation. 

776.  Exchanges. 

777.  Misappropriation  of  books. 

778.  Loan  of  books. 

779.  Rules  and  regulations. 

780.  Salaries — Reference    librarian — Cataloguer 

— Stenographer. 

[1903,  p.  152.    Approved  February  28, 1903.] 

770.  Management.    1.    The  management  and  control  of 
the  state  library  shall  be  vested  in  the  state  board  of  edu- 
cation, which  shall  constitute  for  library  purposes  the  state 
library  board.     (E.  S.  1908,  §9289.) 

771.  Election  of  librarian— Term.    2.    The  state  library 
board  shall,  before  the  £rst  day  of  April,  1905,  elect  a  state 
librarian,  whose  term  of  office  shall  begin  April  1,  1905, 
and  who  shall  serve  until  his  successor  is  elected  by  the 
said  state  library  board.    (E.  S.  1908,  §9290.) 

772.  Term  of  office— Bond.    3.    The  term  of  office  of  the 
state  librarian  shall  be  two  years  and  he  shall  appoint  his 
assistants  by  and  with  the  advice  and  approval  of  the  state 
library  board,  and  he  shall,  before  entering  upon  his  du- 
ties, give  bond  and  security  to  the  acceptance  of  the  secre- 
tary of  state,  in  the  penal  sum  of  two  thousand  dollars, 
which  bond  shall  be  filed  with  the  secretary  of  state.    (R.  S. 
1908,  §9291.) 

773.  Library,  when  to  be  kept  open.     4.     The  library 
shall  be  kept  open  from  8  a.  m.  until  5  p.  m.  every  day, 
except  Sundays,  legal  holidays  and  such  other  days  as  the 
governor  shall  request  all  state  offices  to  be  closed.     (E.  S. 
1908,  §9292.) 


SCHOOL    LAW    OF    INDIANA.  409 

774.  Preservation  of  state  documents.    5.    The  librarian 
shall  select  from  the  journals  and  laws,  whenever  pub- 
lished, five  copies  to  be  kept  permanently  for  the  library, 
and  all  other  journals  and  reports  shall  be  preserved  for 
exchange  purposes  for  the  benefit  of  the  library.     (R.  S. 
1908,  §9293.) 

775.  Legislative  papers,  preservation.    6.    The  librarian 
shall  receive  and  preserve  in  the  most  convenient  and  per- 
manent order  all  legislative  papers  delivered  to  him  at  the 
close  of  each  session  by  the  secretary  of  the  senate  and  the 
clerk  of  the  house.    (R,  S.  1908,  §9294.) 

776.  Exchanges.     7.     The  librarian  may,  with  the  con- 
sent of  the  state  library  board,  exchange  for  the  benefit  of 
the  library  any  duplicate,  or  any  book  not  wanted  in  the 
library,  or  he  may  sell  such  duplicates  or  other  books  and 
shall  turn  all  money  thus  received  into  the  state  treasury, 
taking  the  treasurer's  receipt  and  filing  the  same  in  the 
office  of  auditor  of  state,  who  shall  charge  the  same  to  the 
account  of  the  treasurer  of  state  for  the  use  of  the  library. 
The  librarian  shall  keep  an  accurate  account  of  all  such 
transactions,  making  the  same  a  part  of  his  next  succeed- 
ing biennial  report  to  the  legislature,  as  hereinafter  pro- 
vided for.     (R.  S.  1908,  $$9295.) 

777.  Misappropriation  of  books.     8.     If  the  librarian 
shall  appropriate  to  his  own  use  any  book  or  books  belong- 
ing to  the  state  library  or  any  proceeds  of  any  exchange  or 
sale  of  books,  or  knowingly  make  false  reports  thereof,  he 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  fined 
not  less  than  five  nor  more  than  one  thousand  dollars  and 
shall  forfeit  and  be  deprived  of  his  office.     (R.  S.  1908, 
§9296.) 

778.  Loan  of  books.     9.     Such  books  belonging  to  the 
state  library,  other  than  reference  books,  as  could  be  read- 
ily replaced,  in  case  of  loss,  may  be  loaned  to  any  citizen 
of  the  state,  who  shall  place  such  guarantee  with  the  state 


410 


SCHOOL     LAW     OF     INDIANA. 


librarian,  for  the  safe  return  of  the  same,  as  the  state 
library  board  may  demand,  and  who  shall  pay  the  cost  of 
transportation  of  the  book  or  books  to  and  from  the  bor- 
rower :  Provided,  That  no  book,  that  could  not  be  readily 
replaced  in  case  of  loss,  shall  be  removed  from  the  state 
library  except  by  state  officials,  and  by  them  only  in  pur- 
suit of  their  official  duty.  (R.-S1.  1908,  §9297.) 

779.  Rules  and  regulations.    10.    The  library  board  shall 
formulate  rules  and  regulations  for  the  care  and  manage- 
ment of  the  library :     Provided,  That  no  rule  or  regulation 
formulated  by  said  board  shall  in  any  way  conflict  with  any 
of  the  provisions  of  this  act.     (R.  S.  1908,  <<9298.) 

780.  Salaries — Reference  librarian — Cataloguer  —  Sten- 
ographer.    11.    The  salary  of  the  state  librarian  shall  be 
eighteen  hundred  dollars  per  year.    He  shall  appoint  a  ref- 
erence librarian,  whose  salary  shall  be  eleven  hundred  dol- 
lars per  year,  and  a  cataloguer,  whose  salary  shall  be  eleven 
hundred  dollars  per  year,  and  an  assistant  cataloguer  and 
stenographer,  whose  salary  shall  be  nine  hundred  dollars 
per  year,  and  a  messenger,  whose  salary  shall  be  seven 
hundred  and  twenty  dollars  per  year.     (R.  S.  1908,  §9299.) 

781.  Report  of  receipts  and  expenditures.    12.    The  li- 
brarian shall  report  at  each  session  of  the  legislature  as  to 
the  condition  and  needs  of  the  library  and  the  receipts  and 
expenditures  of  money  for  the  two  fiscal  years  immedi- 
ately preceding  the  date  of  such  report.    (B.  S.  1908,  §9300.) 

782.  Removal  of  librarian  or  assistants.    13.    The  state 
library  board  shall  have  power  to  remove  for  cause  at  any 
time  the  state  librarian  or  any  assistant  or  any  employe  of 
the  state  library.     (R.  S.  1908,  §9301.) 

783.  Violation  of  this  act,  penalty.     14.     Any  person 
guilty  of  a  violation  of  any  of  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction  thereof,  be  fined  in  the  sum  of  twenty-five  dol- 
lars.   (R.  Si  1908,  §9302.) 


411 

(1899,  p.  478.    Approved  March  6,  1899.] 

784.  Publications  delivered  to  librarian.     1.     That  the 
board  of  commissioners  of  public  printing,  binding  and  sta- 
tionery  si  in  1 1  cause  to  linvc  delivered  to  the  state  librarian 
two  hundred  copies  of  each  and  every  report,  document, 
bulletin  or  other  publication  published  at  the  expense  of  the 
state,  except  session  acts  of  the  general  assembly  and  su- 
preme and  appellate  court  reports.     (As  amended,  1905,  p. 
73,  R.  S.  1908,  §9304.) 

785.  Distribution  of  publications.    2.    The  said  state  li- 
brarian  shall  distribute  all  publications  received  from  the 
said  commissioners  of  public^printing,  binding  and  station- 
ery, except  such  a*  are  needed  for  use  in  the  state  library, 
as  follows:    One  copy  of  each  to  each  state  or  territorial  li- 
brary in  the  United  States  and  to  such  other  libraries  as  the 
librarian  has  or  shall  arrange  with  for  exchange  of  publica- 
tions; one  copy  of  each  to  each  university,  college  or  normal 
school  library  within  the  state  of  Indiana;  one  copy  of  each 
to  each  public  library  within  the  state  of  Indiana:    Provid- 
ing, That  not  less  than  one  copy  of  each  such  state  publica- 
tion  shall    be   retained  in  the  state  library.      (R.  S1.  1908, 
^9305.) 

[1907,  p.  236.    Approved  March  9,  1907.] 

786.  State  library — Legislative  reference  department.  1. 
That  there  is  hereby  created  a  legislative  reference  depart- 
ment in  the  state  library.    It  shall  be  the  duty  of  such  de- 
partment to  collect  for  members  of  the  general  assembly  in- 
formation in  regard  to  subjects  of  legislation,  and  to  organ- 
ize and  arrange  such  material  so  that  it  may  be  most  readily 
used.    It  shall  obtain  and  furnish  to  members  of  the  general 
assembly,  or  other  officers  of  the  state  government,  any 
data  available  regarding  the  laws  of  this  and  other  states, 
and  the  working  and  results  of  such  laws  in  actual  practice, 
together  with  references  to  judicial  decisions  and  interpreta- 
tion upon  such  laws.     It  shall  collect  and  make  available 
such  current  information  upon  legislative  subjects  as  will 
make  all  data  upon  subjects  of  present  value.    It  shall  be 


412  SCHOOL  LAW  OF  INDIANA. 

prepared  to  furnish  to  members  of  the  general  assembly  and 
under  their  instructions,  such  assistance  as  may  be  demand- 
ed in  the  preparation  and  formulation  of  legislative  bills. 
The  department  is  authorized  to  collect  material  upon  mu- 
nicipal subjects  and  furnish  to  the  officials  of  any  city  or 
town  upon  request,  any  data,  and  to  loan  any  material  which 
may  be  available.  The  department  may  co-operate  with 
any  of  the  educational  institutions  of  the  state  in  any  man 
ner  approved  by  the  state  librarian,  with  the  consent  of  tin 
state  library  board.  (R.  S.  1908,  §9310,  as  amended  1911, 
p.  657.) 

787.  Legislative  reference  .librarian — Assistants — Sala- 
ries. 2.  The  state  librarian,  by  and  with  "the  advice  and  ap- 
proval of  the  state  library  board,  shall  appoint  a  legislative 
reference  librarian,  and  such  other  assistants  as  may  be 
necessary  to  effectively  carry  on  the  work  of  such  depart- 
ment, and  with  like  approval,  shall  fix  their  compensation. 
(R.  S.  1908,  §9311,  as  amended  1911,  p.  657.) 

788.  Appropriation.     3.     There  is  hereby  appropriated 
for  the  payment  of  the  salaries  of  such  legislative  reference 
librarian  and  other  assistants;  and  of  the  expenses  and  cost 
of  supplies  and  publications  necessary  to  effectually  carry 
out  the  provisions  of  this  act,  the  sum  of  fifteen  hundred 
dollars,  to  be  available  on  April  first,  1907,  and  the  sum  of 
four  thousand  dollars  annually  thereafter.      (R.   S.   1908. 
§9312.) 

For  appropriation,  see  1911,  p.  277. 


-CIIOOI.     LAW     OK     INDIANA.  413 


SBC. 


CHAPTER  XXVI. 

XSIIIl'  ADVISORY  BOARD. 

SEC. 


7S9.  Advisory  hoard.  '     795.  Financial  record. 

790.  Taxpayers  may  attend.  786.  Annual  settlement  with  the  board. 

7'.H.  Annual  meeting — Expenditures  and  tax  levy.  797.  New  school  house — School  supplies. 

7;)-'.  Estimate  of  expenditures.  7!;S.  Trustee's  pay. 


799.  Contracts  void. 

800.  Appointment  of  first  members  of  board. 


793.     Compels  it  ion  of  hoard,  if  desired. 
7'.M.     Special  meetings  of  the  board. 

[IMfil,  p.  150.     Approved  February  27, 

789.  Advisory  board.  1.  At  the  time  of  electing  town- 
ship trustees  the  voters  of  the  several  townships  shall  elect 
an  advisory  board,  consisting  of  three  (3)  resident  free- 
holders and  qualified  voters  of  the  township.  The  members 
of  such  board  shall  subscribe  and  file  with  the  trustee  an 
oath  to  faithfully  and  honestly  discharge  their  duties  as 
prescribed  by  law.  Their  term  of  office  shall  be  for  two 
years  from  the  day  following  their  first  election  and  until 
their  successors  are  elected  and  qualified,  and  the  term  of 
office  shall  thereafter  be  for  the  term  of  four  years  from 
the  day  following  their  election  and  until  their  successors 
are  elected  and  qualified.  If  a  vacancy  occurs  in  said  board 
it  shall  be  filled  by  the  remaining  members  of  the  board  for 
the  unexpired  term.  They  shall  meet  annually  on  the  first 
Tuesday  of  September,  at  a  convenient  place  in  the  town- 
ship, notice  of  which  shall  be  given  as  hereinafter  provided 
in  section  3.  At  such  annual  meeting  the  members  of  such 
board  shall  elect  one  of  their  members  chairman  for  that 
year.  Two  (2)  members  shall  constitute  a  quorum.  At 
such  meeting  the  board  shall  consider  the  various  esti- 
mates of  township  expenditures  proposed  by  the  township 
trustee,  and  shall  have  power  to  concur  in  such  estimates, 
or  in  any  part  thereof,  or  to  reject  any  proposed  item,  in 
whole  or  in  part.  Any  existing  indebtedness  need  not  be 
paid  until  due.  And  the  advisory  board,  at  the  first  annual 
meeting,  may  apportion  the  payment  of  any  existing  indebt- 


414  SCHOOL    LAW    OF     INDIANA. 

edness  other  than  to  the  county  or  for  current  expenses  for 
a  named  term  not  exceeding  five  years.  When  they  shall 
have  determined  upon  the  estimates  and  amounts  for  which 
taxes  should  be  levied  upon  the  property  and  polls  within 
said  township  for  the  ensuing  year,  they  shall  then  deter- 
mine and  fix  the  rates  of  taxation  upon  such  property  and 
polls  as  to  the  estimated  purposes  severally.  The  rates 
so  determined  by  such  board  they  shall  then  certify  to  the 
county  auditor,  who  shall  place  the  same  upon  the  tax  du- 
plicate, and  the  same  shall  be  collected  and  enforced  as  pre- 
scribed by  law.  The  rates  so  prescribed  shall  be  deemed  a 
levy  and  lien  upon  the  property  of  such  township  from  and 
after  the  first  day  in  April  of  such  year,  and  such  levy  shall 
be  deemed  an  appropriation  for  the  specific  purposes  for 
which  such  estimates  are  fixed.  Such  board  shall  keep  a 
record  of  their  proceedings  in  a  separate  book  to  be  fur- 
nished by  such  trustee,  and  kept  as  a  part  of  the  records 
of  the  township,  to  be  known  as  the  record  of  the  advisory 
board  of  such  township,  and  to  remain  in  the  custody  of 
the  chairman  of  such  board.  Said  board  shall  elect  one 
of  its  members  secretary  for  said  board,  who  shall  record 
the  proceedings  thereof  at  any  meeting,  in  full,  under  the 
direction  of  the  board,  which  shall  be  signed  before  the 
board  adjourns.  Any  meeting  may  adjourn  from  day  to 
day  till  the  business  is  completed,  (li.  S.  190S,  -S'ttJH).) 


790.  Taxpayers  may  attend.    2.    At  any  session  of  such 
board,  any  taxpayer  of  the  township  may  appear  and  be 
heard  as  to  the  advisability  of  any  estimate  or  estimates  of 
expenditures,  or  any  proposed  levy  of  taxes,  or  the  ap- 
proval of  the  township  trustee  's  report  or  any  other  matter 
being  considered  by  the  board.    (R.  S.  1908,  §9591.) 

791.  Annual  meeting  —  Expenditures  and  tax  levy.     3. 
The  trustee  shall  at  least  thirty  (30)  days,  and  not  more 
than  forty  (40)  days,  before  the  annual  meeting  of  the  ad- 
visory board,  in  each  year,  post  at  or  near  the  door  of  all 
postoffices  in  the  township,  a  statement  of  the  several  esti- 
mates and  amounts  of  the  proposed  annual  expenditures, 


SCHOOL    LAW    OF    INDIANA.  415 

• 

and  the  rates  of  taxation  proposed  for  levy  against  the 
property  within  such  township,  for  the  several  funds  to  be 
expended  for  his  township  during  the  calendar  year,  and 
also  copies  of  such  notice  shall  be  published  one  time  in  the 
issue  printed  in  the  first  week  of  August  of  each  year  in 
the  two  leading  newspapers  published  in  the  county,  repre- 
senting the  two  political  parties  casting  the  highest  num- 
ber of  votes  in  such  county  at  the  last  preceding  general 
election,  and  one  publication  in  a  newspaper  in  the  town- 
ship interested,  if  there  be  a  paper  published  therein.  The 
cost  of  such  publication  shall  not  exceed  two  dollars  in  any 
one  year  to  any  one  paper,  and  the  cost  of  necessary  copies 
.for  posting  and  delivery  to  the  board  shall  not  exceed  one 
dollar  and  fifty  cents  in  any  one  year.  And  he  shall  fur- 
nish within  like  periods  to  each  of  the  members  of  the 
advisory  board  a  statement  of  such  estimates  and  amounts. 
Such  statement  shall  contain  a  notice  of  the  place  of  meet- 
ing of  the  advisory  board,  and  shall  be  substantially  in  the 
following  form : 

EXPENDITURES  AND  TAX  LEVIES  FOR  THE  YEAR. 

The  trustee  of  -  -  township,  -  -  county,  proposes  for 
the  yearly  expenditures  and  tax  levies  by  the  advisory 
board  at  its  annual  meeting,  to  be  held  at  the  school  house 
of  school  district  No.  — ,  the  following  estimates  and 
amounts  for  said  year : 

1.  Township  expenditures,  $ ,  and  township  tax,  - 

cents  on  the  hundred  dollars. 

2.  Local  tuition  expenditures,  $ ,  and  tax,  —  cents  on 

the  hundred  dollars 

3.  Special   school   tax   expenditures,  $ ,    and   tax,  — 

cents  on  the  hundred  dollars. 

4.  Road  tax  expenditures,  $ ,  and  tax,  --  cents  on  the 

hundred  dollars. 

5.  Additional    road   tax   expenditures,  $ ,  and  tax,  - 

cents  on  the  hundred  dollars. 

6.  Library  expenditures,  $ ,  and  tax,  -  -  cents  on  the 

hundred  dollars. 


416 


SCHOOL    LAW    OF    INDIANA. 


7.  Poor  expenditures  for  preceding  year,  $ ,  and  tax, 

-  cents  on  the  hundred  dollars. 

8.  Other  items,  if  any,  expenditures,  $ ,  and  tax,  - 

cents  on  the  hundred  dollars. 
Total  expenditures,  $ ,  and  total  tax,  -  -  cents  on 

the  hundred  dollars. 
(Dated)-  (Signed)-      -,  Trustee. 

The  trustee  shall  procure  and  lay  before  the  advisory 
board  at  the  annual  meeting  thereof,  the  assessed  valuation 
of  the  taxable  property  of  the  township  for  such  year,  and 
also  the  number  of  taxable  polls  in  such  township.  (E.  S. 
1908,  §9592.) 

792.  Estimates  of  expenditures.  4.  The  trustee  shall 
attend  all  of  the  meetings  of  the  advisory  board,  and  at  the 
annual  meeting  thereof,  after  the  board  shall  have  organ- 
ized, he  shall  present  a  detailed  and  itemized  statement  in 
writing  of  his  estimated  expenditures  for  which  appropria- 
tions are  asked,  specifying  the  number  of  teachers  neces- 
sarily employed,  their  salaries  respectively,  the  number  of 
days  deemed  necessary  for  the  discharge  of  the  duties  of 
his  office,  and  the  days  of  the  week  or  month  when  they  can 
be  most  advantageously  performed,  the  extent  of  needed 
bridge  and  highway  repairs,  an  accurate,  itemized  list  of  all 
the  property  and  supplies  on  hand,  whether  in  use  or  in 
store,  for  road,  school  and  other  purposes  and  estimated 
value  thereof,  the  items  of  school  supplies  necessary  for 
each  school,  the  condition  of  pauperism  in  the  township,  in- 
cluding the  names  of  such  persons  as  have  received  public 
aid  since  the  taking  effect  of  this  act,  and  since  the  last  an- 
nual meeting  of  the  board  with  the  respective  amounts  re- 
ceived by  each  person.  And  also  the  items,  severally,  to  be 
charged  against  the  township  fund,  including  salaries,  sta- 
tionery, printing  and  records  and  supplies  to  be  furnished 
to  the  justices  of  the  township,  the  trustee's  compensation, 
and  his  office  rent,  where  an  office  is  authorized  by  the  board 
and  any  other  items  of  expense  payable  from  said  fund;  and 
he  shall  submit  to  such  inquiries  concerning  the  expendi- 


SCHOOL     LAW    OF     INDIANA. 


417 


hires  of  his  office  as  the  board,  or  the  taxpayers  present, 
may  deem  proper  to  make.  The  advisory  board  shall  have 
full  power  to  require  any  estimate,  not  sufficiently  itemized, 
to  be  so  itemized  by  the  trustee,  and  to  appropriate  for  any 
purpose  a  sum  not  greater  than  that  estimated  in  the  item 
therefor,  except  by  the  unanimous  vote  of  the  board,  and 
not  otherwise,  an  appropriation  may  be  made  for  an  item 
not  contained  in  any  estimate,  or  for  a  greater  amount  than 
that  named  in  any  item  of  an  estimate.  (R.  S.  1908,  §9593.) 

793.  Compensation  of  board,  if  desired.    5.    In  making 
the  levies  for  the  township  fund,  if  said  board  shall  desire 
compensation  for  their  services  to  the  township,  they  may 
add  a  sum  not  exceeding  five  dollars  ($5.00)  for  the  service 
of  each  member  during  the  year  for  which  the  levy  is  made, 
payable  out  of  such  fund.     (R.  S.  1908,  §9594.) 

794.  Special  meetings  of  the  board.    6.    Upon  a  special 
call  of  the  township  trustee,  or  the  chairman  of  the  advisory 
board  or  a  majority  of  the  members  of  said  board,  given  in 
writing  to  each  member  thereof,  stating  the  time,  place  and 
purpose  of  the  meeting,  said  board  may,  if  a  quorum  be 
present,  by  consent  of  a  majority  of  all  the  members  present, 
determine  whether  an  emergency  exists  for  the  expenditure 
of  any  sums  not  included  in  the  existing  estimates  and  levy. 
In  the  event  that  such  an  emergency  is  found  to  exist  said 
board  may  authorize  by  special  order  entered  and  signed 
upon  the  record,  the  trustee  to  borrow  a  sum  of  money  to  be 
named  sufficient  to  meet  such  emergency;  and  at  the  next 
annual  session  of  the  board  a  levy  shall  be  made  to  the  cred- 
it of  the  fund  ^f or  which  such  expenditure  is  made  to  cover 
and  pay  the  debt  so  created:    Provided,  however,  That  if  at 
any  annual  or  special  meeting  of  said  board  it  shall  be  found 
indispensably  necessary  to  provide  for  the  construction  of  a 
school  building,  the  cost  of  which  building  or  the  propor- 
tionate cost  thereof  if  the  same  be  a  joint  graded  high 
school  building  will  be  in  excess  of  the  sum  available  there- 
for out  of  any  annual  levy,  then  in  that  event,  such  board 

[27—272771 


418 


SCHOOL    LAW    OF    INDIANA. 


may  authorize  such  trustee  to  issue  township  warrants  or 
bonds  to  pay  for  such  building,  or  the  proportionate  cost 
thereof,  such  warrants  or  bonds  to  run  for  a  period  of  not 
exceeding  fifteen  (15)  years;  and  to  bear  [interest  at  a  rate] 
not  exceeding  six  per  centum  per  annum,  and  to  be  sold  for 
not  less  than  par;  and  such  board  shall  annually  levy  suffi- 
cient taxes  to  pay  at  least  one -fifteenth  of  such  warrants  or 
bonds,  with  interest,  each  year,  and  the  trustee  shall  apply 
such  annual  tax  to  the  payment  of  such  warrants  or  bonds 
each  year.  In  no  event  shall  a  debt  of  the  township  be  cre- 
ated except  by  the  advisory  board  of  such  township,  and  jn 
the  manner  herein  specified,  and  any  payment  of  any  debt 
not  so  authorized  from  the  public  funds  of  such  township 
shall  be  recoverable  upon  the  bond  of  the  trustee  in  a  suit, 
which  it  is  hereby  made  the  duty  of  said  board  to  institute 
and  prosecute  in  the  name  of  the  state,  for  the  use  of  said 
township.  And  said  board  is  hereby  empowered  to  appro- 
priate, and  the  township  trustee  shall  pay  out  of  the  town- 
ship funds  a  reasonable  sum  for  attorney's  fees  for  such 
purpose.  And  if  the  board,  on  the  written  demand  of  any 
taxpayer,  fails  for  thirty  (30)  days  to  bring  suit,  then  such 
or  any  other  taxpayer  may  bring  the  same,  in  the  name  of 
the  state,  for  the  use  of  the  township:  Provided,  however. 
Nothing  contained  herein  shall  affect  any  pending  litigation. 
(E.  S.  1908,  §9595,  as  amended  1909,  p.  208.) 

795.  Financial  record.  7.  Each  township  trustee  in 
this  state  shall  procure  and  keep  a  book,  to  be  known  as  the 
financial  record  of  the  township,  in  which  the  trustee  shall 
keep  an  itemized  and  accurate  account  of  the  financial  af- 
fairs thereof,  charging  himself  with  each  sum  of  money 
when  and  as  received,  from  every  source,  giving  the  date, 
from  whom  received,  and  on  account  of  what  fund  it  is 
credited.  He  shall  likewise  credit  himself  with  all  moneys 
when  and  as  paid  out,  showing  when,  on  what  account,  and 
to  whom  and  out  of  what  fund  paid.  It  shall  be  the  duty 
of  the  auditor  of  the  state  of  Indiana  to  frame  and  adopt  a 
form  of  such  book,  to  be  used  by  all  the  township  trustees 
throughout  the  state.  Such  book  shall  be  a  public  record: 


SCHOOL    LAW    OF    INDIANA.  419 

Provided,  however,  That  the  auditor  shall  not  adopt  any 
patented  or  copyrighted  form  and  nothing  herein  shall  au- 
thorize him  to  contract  with  any  person,  partnership,  or 
corporation,  for  the  publishing  of  such  forms.  The  act  en- 
titled "An  act  prescribing  certain  duties  of  township  trus- 
tees, providing  for  the  appointment  and  compensation  of  an 
auditing  board,  prescribing  its  duties  and  declaring  an 
emergency,"  approved  March  8,  1897,  is  hereby  repealed. 
(R.  S.  1908,  §6596.) 

796.  Annual  settlement  with  the  board.  8.  The  trus- 
tee shall  present  to  the  advisory  board,  at  a  meeting  of  said 
board  to  be  held  annually  on  the  first  Tuesday  after  the 
first  Monday  of  January  of  each  year,  his  annual  and  com- 
plete report  of  all  the  receipts  and  expenditures  of  his  office 
for  the  preceding  calendar  year,  with  the  balances  to  the 
credit  of  each  fund  under  his  charge;  and  if  he  has  any 
money  from  any  source  in  his  hands  or  under  his  control 
which  is  not  included  in  any  particular  fund,  as  shown  by 
said  report,  then  he  must  state  all  the  facts  concerning  such 
moneys  in  his  report.  Each  item  of  expenditure  shall  be 
accompanied  by  the  verified  receipt  of  the  person  to  whom 
the  sum  evidenced  thereby  has  been  paid,  stating  particu- 
larly for  what  article  or  service  the  payment  has  been  made ; 
that  the  sum  receipted  for  is  the  exact  sum  received,  and 
that  no  part  thereof  has  been  retained  by,  or  returned  to  or 
has  been  agreed,  directly  or  indirectly,  to  be  returned  to, 
the  trustee  or  to  any  other  person,  and  the  trustee  is  em-" 
powered  to  administer  oaths  to  the  persons  giving  such  re- 
ceipts. The  report  so  presented  shall  be  verified  by  the 
oath  of  the  trustee,  showing  that  the  sums  with  which  he  is 
charged  in  such  report  are  all  the  sums  received  by  him, 
and  that  the  various  items  of  expenditure  credited  have 
been  fully  paid  in  the  sums  stated,  and  without  express  or 
implied  agreement  that  any  portion  thereof  shall  be  re- 
tained by  or  repaid  by  him  or  to  any  other  person.  And 
the  trustee  shall  subscribe  and  take  an  oath  that  he  has 
received  no  money  nor  article  of  value  in  consideration  of 
any  contract  made  by  him  as  such  trustee.  The  board  shall 


420 


SCHOOL    LAW    OF    INDIANA 


consider  and  approve  in  whole  or  in  part,  the  report  of  the 
trustee  so  made,  and  any  sum  appropriated  and  remaining 
in  the  hands  of  the  trustee,  unexpended  and  for  which  no 
liability  exists  against  the  township,  shall  be  deemed  and 
credited  in  favor  of  the  fund  for  which  it  was  appropriated, 
and  shall  be  considered  in  the  ensuing  levy.  The  expendi- 
ture of  any  fund,  in  whole  or  in  part,  to  any  account  for 
which  it  was  not  appropriated  by  said  board,  shall  be 
deemed  by  the  board  of  [as]  a  balance  of  such  fund  unex- 
pended and  in  the  hands  of  the  trustee,  for  which  he  shall 
be  liable  upon  his  bond.  Any  member  of  the  board  may 
administer  oaths,  and  said  board  may  send  for  persons, 
books  and  papers,  if  necessary,  in  such  examination  of  said 
report,  and  when  the  examination  is  closed  they  shall  enter 
of  record  their  action  thereon,  specifically  stating  such  parts 
and  items  as  may  be  altered  or  disallowed.  Such  annual  re- 
port shall  remain  under  the  control  of  such  board,  the  cus- 
tody thereof  to  be  held  by  the  chairman,  and  at  any  time 
shall  be  subject  to  inspection  by  any  taxpayers  of  the  town- 
ship. On  the  said  annual  settlement  being  made,  the  trus- 
tee shall  within  ten  (10)  days  thereafter,  file  a  copy  of  such 
report  as  adopted  by  the  board,  with  the  accompanying 
vouchers,  in  the  office  of  the  county  auditor,  to  be  preserved; 
and  upon  failure  the  trustee  shall  forfeit  five  (5)  dollars 
per  day  for  each  day  until  so  filed,  to  be  collected  by  suit 
of  the  board  for  the  benefit  of  the  township.  In  case  the 
term  of  the  trustee  shall  expire,  or  he  shall  resign  or  die, 
then  he,  or  his  administrator,  shall  at  once  make  final  set- 
tlement with  the  board.  Said  auditor  shall  examine  such 
copy  of  said  report,  and  within  ten  (10)  days  after  the  filing 
of  same  in  his  office,  shall  report  to  the  advisory  board  of 
such  township  the  result  of  such  examination,  including  his 
finding  as  to  the  accuracy  of  such  report.  Said  trustee  shall 
cause  to  be  published,  by  one  insertion  in  two  leading  news- 
papers of  his  county,  each  representing  one  of  the  two  po- 
litical parties  casting  the  highest  number  of  votes  at  the 
last  preceding  general  election,  an  abstract  of  his  said  re- 
port, which  abstract  shall  contain  the  total  of  receipts  and 


SCHOOL    LAW    OF    INDIANA.  421 

expenditures  and  balances  or  deficits  in  each  fund,  also  the 
rate  of  tax  levy  made  for  each  of  said  funds  for  the  ensuing 
year.  (As  amended  1901,  p.  415,  R,  S.  1908,  §9597.) 

797.  New  school  house — School  supplies.  9.  If  a  trus- 
tee finds  it  necessary  to  erect  a  new  school  house,  he  shall 
procure  suitable  specifications  therefor,  to  be  used  by  the 
bidders  in  bidding  and  in  the  construction  of  such  house. 
If  he  desires  to  purchase  any  school  furniture,  fixtures, 
maps,  charts,  or  other  school  supplies,  excepting  fuel  and 
literary  periodicals  in  such  amounts  as  may  be  authorized 
by  the  advisoiy  board,  in  any  year,  he  shall  make  an  esti- 
mate of  the  kinds  and  amounts,  itemized  particularly,  to  be 
used  by  bidders  therefor.  If  it  is  necessary  to  make  repairs 
on  or  about  the  school  houses  other  than  current  or  inci- 
dental repairs,  he  shall  likewise  make  an  itemized  statement 
of  the  nature  and  character  of  the  work,  to  be  made  for  the 
use- of  bidders.  He  shall,  in  like  manner,  make  a  schedule 
of  such  work  as  may  be  necessary  in  the  repair  or  construc- 
tion of  bridges  in  his  township  for  any  one  year.  All  con- 
tracts shall  be  let,  after  notice  given,  by  posting  for  three 
(3)  weeks  in  five  (5)  of  the  most  public  places  in  the  town- 
ship, and  also  at  or  near  the  door  of  each  postoffice  therein, 
stating  briefly  the  buildings,  repairs  or  supplies  sought  to 
be  let,  and  when  and  where  bids  will  be  received  and  opened 
therefor;  and  if  the  contemplated  expenditures  in  any  one 
class  shall  be  five  hundred  dollars  ($500)  or  more,  he  shall 
post  notices  as  aforesaid,  and  also  publish  notice  thereof  for 
one  (1)  time  in  the  two  leading  newspapers  published  in 
the  county  representing  the  two  political  parties  casting  the 
highest  number  of  votes  in  such  county  at  the  last  preceding 
general  election:  Provided,  That  one  of  such  publications 
shall  be  made  in  a  newspaper  published  in  the  township  in- 
terested, if  there  be  a  newspaper  published  therein.  The 
advisory  board  shall  attend  the  letting.  At  the  letting,  all 
the  work  or  supplies  in  any  one  class  shall  be  included  and 
let  in  a  single  contract.  All  bids  shall  be  in  writing  and  be 
opened  and  read  publicly  at  the  time  and  place  fixed  in  tho 


422  SCHOOL    LAW    OF    INDIANA. 

notice.  The  trustee  may  take  time  to  examine  and  satisfy 
himself  as  to  which  is  the  lowest  and  best  bid,  and  shall  ad- 
vise with  the  advisory  board  thereon;  and  said  board  is 
hereby  empowered  to  reject  any  and  all  bids.  The  trustee 
shall  indorse  on  the  bids  whether  rejected  or  accepted  and 
preserve  the  same.  When  a  bid  is  accepted,  a  proper  con- 
tract shall  then  be  reduced  to  writing  for  such  building,  re- 
pairs or  supplies,  as  the  case  may  be,  and  be  signed  by  the 
successful  bidder  and  the  trustee,  who  shall  require  the 
bidder  to  give  bond  with  security,  to  be  approved  by  him, 
for  the  faithful  execution  of  such  contract.  (R.  S.  1908, 
§9598.) 

798.  Trustees'  pay.    10.    The  township  trustees  serving 
under  this  act  shall  receive  for  their  services  the  compensa- 
tion now  or  hereafter  fixed  by  law:    Provided,  That  where 
a  per  diem  is  allowed  by  law  the  number  of  days'  service 
for  which  the  trustee  is  allowed  shall  be  fixed  and  allowed 
by  the  advisory  board  at  their  annual  meeting,  and  this 
shall  constitute  the  entire  compensation  of  such  trustee  for 
all  the  duties  of  his  office.     (E,  S.  1908,  §9600.) 

799.  Contracts  void.    11.    All  contracts  made  in  viola- 
tion of  this  act  shall  be  null  and  void.     (R.  S.  1908,  §9601.) 

1.  NOTE.  This  section  modifies  all  the  decisions  rendered  by  the  courts 
concerning  contracts  of  township  trustees.  It  also  repeals  the  law  re- 
quiring the  trustee  to  petition  the  board  of  county  commissioners  for  leave 
to  contract  debts  on  behalf  of  the  township.  Contracts  of  townships  must 
now  be  executed  pursuant  to  the  provisions  of  this  act;  and  if  not,  they 
are  void.  Even  though  a  towrnship  receives  articles  purchased  by  its  trus- 
tee, without  pursuing  the  provisions  of  this  statute,  it  will  not  be  liable  for 
the  price  agreed  upon  nor  for  their  value. — Peck- Williamson,  etc.,  Co.  v. 
Steen  School  Tp.,  30  Ind.  App.  (537;  66  N.  E.  Rep.  901);  and  see  Moss  v. 
Sugar  Ridge  Tp.,  67  N.  E.  Rep.  460. 

800.  Appointment  of  first  members  of  board.     1:2.     At 
the  term  of  the  circuit  court  to  be  held  in  the  several  coun- 
ties of  this  state  next  after  the  taking  effect  of  this  act,  such 
court  shall  appoint  three  (3)  freeholders  and  qualified  vot- 
ers residing*  in  each  township,  not  more  than  two  of  whom 


SCHOOL    LAW    OF    INDIANA.  423 

shall  belong  to  the  same  political  party,  who  shall  consti- 
tute the  advisory  board  of  such  township  until  their  suc- 
cessors are  elected  and  qualified;  on  failure  of  such  court 
so  to  do,  the  governor  of  the  state  shall  make  said  appoint- 
ments. And  all  laws  and  parts  of  laws  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed.  (E.  S.  1908, 
§9602.) 


424 


SCHOOL    LAW    OF    IXDIANA. 


CHAPTER  XX VII. 

PUBLIC  DEPOSITORIES. 


Sic. 

801.  Public  officers— Cash  book. 

802.  State  officers — Payments  to  treasurer. 

803.  Institutions,    boards,    etc. — Payments    to 

treasurer. 

804.  Fees— Salary— Treasurer. 

805.  State  board  of  finance. 

806.  County  board  of  finance. 

807.  Compensation. 

808.  Cities  and  towns — Board  of  finance. 

809.  Schools  and  township  board  of  finance. 

810.  Depository  deposits — Treasurers. 

811.  Requirements  as  to  depository — Bonds. 

812.  Other  forms  of  security. 

813.  Surety  disapproved — Court  decisions. 

814.  Funds — Inviting  proposals  to  receive — No- 

tice. 

815.  Proposals  for  funds — Interest. 


816.  Creation  of  depository— Revocation— Ap- 

peal. 

817.  Selecting  state  depositories— Finance  boards 

—Records. 

818.  Title  to  securiteis— Record— Default— Sale. 

819.  State  institution  deposits— Treasurer's  set- 

tlements. 

820.  Monthly     statement      by      depositories- 

Checks. 

821.  More  than  one  depository— Maximum  de- 

posits. 

822.  Published  reports— Auditor's  powers. 

823.  Selection  without  advertising— Outside  of 

county. 

824.  Daily  deposits— Embezzlement— Penalties. 

825.  Official  liability — Exemption. 


[1907,  p.!391.    Approved  March  9,  1907.] 

801.  Public  officers— Cash  book.    1.    It  shall  be  the  duty 
of  every  public  officer  in  this  state  who  receives  or  disburses 
public  funds,  to  keep  a  cash  book  wherein  there  shall  be 
daily  entered,  by  item,  all  receipts  of  public  funds,  which 
cash  book  shall  be  daily  balanced,  showing  funds  on  hand 
at  the  close  of  each  day:    Provided,  Said  cash  book  shall  be 
a  public  record  and  open  to  public  inspection.     (R.  S.  1908, 
§7522.) 

802.  State  officers— Payments  to  treasurer.     2.     After 
thirty  (30)  days  from  the  taking  effect  of  this  act,  all  funds 
shall  be  paid  into  the  state  treasury  by  each  state  official 
handling  public  funds,  and  an  itemized  statement  thereof 
shall  be  kept  by  said  state  official  as  provided  for  in  section 
1,  and  said  state  official  shall  make  quarterly  settlements 
with  the  auditor  of  state  of  such  funds  paid  into  the  treas- 
ury, as  provided  for  in  this  act.    (E,  S.  1908,  §7523.) 

803.  Institutions,  boards,  etc.— Payments  to  treasurer.  3. 
It  shall  be  the  duty  of  the  state  board  of  medical  registra- 
tion and  examination,  the  Indiana  board  of  pharmacy,  the 


SCHOOL    LAW    OF    INDIANA. 


425 


several  boards  of  trustees  of  the  several  hospitals  for  the 
insane,  the  board  of  trustees  of  the  Indiana  state  school  for 
the  deaf,  the  board  of  trustees  of  the  Indiana  school  for  the 
blind,  the  board  of  trustees  of  the  Indiana  school  for  feeble- 
minded youth,  the  board  of  trustees  of  the  Indiana  soldiers ' 
and  sailors'  orphans'  home,  the  board  of  trustees  of  the  In- 
diana state  soldiers7  home,  the  board  of  trustees  of  the  In- 
diana state  prison,  the  board  of  trustees  of  the  Indiana  re- 
formatory, the  board  of  trustees  of  the  Indiana  boys'  school, 
the  board  of  trustees  of  the  Indiana  girls'  school,  the  board 
of  trustees  of  the  Indiana  women's  prison,  the  board  of  trus- 
tees of  the  Indiana  village  for  epileptics,  the  board  of  trus- 
tees of  the  Hospital  for  treatment  of  tuberculosis,  the  board 
of  control  of  the  State  soldiers'  and  sailors*  monument,  or 
the  secretary,  superintendent,  or  other  person  having  charge 
of  such  institutions,  boards,  schools  or  offices,  on  the  first- 
Monday  in-  each  month  to  pay  into  the  state  treasury  all 
funds  in  their  possession  due  the  state  from  receipts  and 
earnings:  Provided,  That  this  section  shall  not  prevent  the 
several  boards  and  persons  named  herein  having  control  of 
state  funds  from  keeping  oh  hand  such  working  balance  as 
may  be  directed  by  the  state  board  of  finance  provided  for 
herein.  (E.  S.  1908,  §7524.) 

804.  Fees — Salary — Treasurer.  4.  In  all  cases  where  it 
is  now  provided  by  law  that  any  state  officer,  board,  body  or 
department,  shall  collect  any  fee  for  any  service  rendered,  or 
examination  had,  and  appropriate  the  fee  so  collected  to  pay 
the  salary,  per  diem,  or  the  expenses  of  any  state  officer, 
board,  body  or  department  for  rendering  service  or  making 
examination,  such  fees  shall  be  by  such  officer,  board,  body 
or  department,  paid  into  the  state  treasury  as  provided  for 
in  this  act,  and  the  salary,  per  diem  and  expenses  on  ac- 
count of  sudh  services,  shall  be  paid  out  of  the  state  treasury 
upon  an  account  duly  filed  and  approved  as  is  now  provided 
by  law.  Such  salary,  per  diem  and  expenses,  however,  shall 
not  be  in  excess  of  the  fees  so  collected  and  turned  into  the 
state  treasury  unless  otherwise  specifically  provided.  (R. 
S.  1908,  §7525,) 


426  SCHOOL    LAW 


INDIANA. 


805.  State  board  of  finance.     5.     The  governor  of  the 
state,  the  auditor  of  state,  and  the  treasurer  of  state  shall 
constitute  a  state  board  of  finance,  and  shall  have  advisory 
supervision  of  the  safe-keeping  of  all  funds  coming  into  the 
state  treasury,  and  all  other  funds  belonging  to  the  state 
coming  into  the  possession  of  any  state  board,  officer  or  state 
institution.     Such  board  of  finance  shall  have  supervision 
of  all  the  fiscal  affairs  of  the  state,  including  the  state  sink- 
ing funds.    Such  state  board  of  finance  shall  meet,  immedi- 
ately after  the  taking  effect  of  this  act,  in  the  office  of  the 
auditor  of  state,  and  organize  by  electing  from  their  mem- 
bership a  president.    The  auditor  of  state  shall  be  the  secre- 
tary of  said  board  of  finance.     The  proceedings  of  such 
board  shall  be  entered  at  length  in  a  record  to  be  provided 
for  that  purpose,  and  be  approved  and  signed  by  the  presi- 
dent of  the  board,  and  attested  by  the  secretary.  Such  board 
of  finance  shall  hold  sessions  whenever  necessary  to  dis- 
charge its  duties.    Its  sessions  shall  be  public,  and  its  rec- 
ords shall  be  kept  in  the  office  of  the  auditor  of  state  and  be 
subject  to  public  inspection.    The  president  of  said  board 
shall  convene  such  board  whenever  requested  so  to  do  by 
one  of  its  members,  or  whenever  necessary  to  the  perform- 
ance of  its  duties.    Such  board  may  sue,  and  be  sued  in  its 
name,  in  any  action,  and  in  any  court  having  jurisdiction, 
whenever  necessary  to  accomplish  the  purposes  of  this  act. 
The  treasurer  of  state  shall  be  required  to  execute  a  bond 
with  good  and  sufficient  surety  to  be  approved  by  the  gov- 
ernor and  auditor  of  state,  which  bond  shall  be  in  an  amount 
to  be  fixed  by  said  governor  and  auditor,  not  to  exceed 
double  the  amount  such  treasurer  may  have  in  his  hands 
and  under  his  control,  and  conditioned  upon  the  faithful 
performance  of  his  duties  as  such  treasurer  and  shall  be  in 
lieu  of  the  bond  now  required  by  law.     (E.  S.  1908,  §7526.) 

806.  County  board  of  finance.    6.    The  board  of  county 
commissioners  in  each  county  in  the  state  shall  constitute  a 
county  board  of  finance.    The  members  of  such  county  board 
of  finance  shall  immediately  after  the  taking  effect  of  thi« 
act,  meet  in  the  room  of  the  board  of  county  commissioners 


SCHOOL     l.AW     OF    INDIANA. 


427 


in  the  court  house.  The  county  auditor  shall  be  the  secre- 
tary of  such  county  board  of  finance  and  a  record  of  its  pro- 
ceedings shall  be  made.  The  meetings  of  such  board  shall 
be  public  and  its  records  open  to  inspection.  Such  board 
may  sue  and  be  sued  in  its  name,  in  any  action,  and  in  any 
court  having  jurisdiction  whenever  necessary  to  accomplish 
tbe  purposes  of  this  act:  Provided,  That  in  all  counties  in 
which  the  county  treasurer  is  ex  officio  treasurer  of  the  city 
which  is  the  county  seat  of  such  county,  and  is  ex  officio 
treasurer  of  the  school  city  or  board  of  school  commissioners 
of  such  county  seat  city,  the  county  board  of  finance  shall 
consist  of  the  board  of  commissioners  of  such  county,  the 
mayor  and  comptroller  (if  any)  and  the  chief  executive  offi- 
cer of  such  school  city  or  such  board  of  school  commissioners 
of  such  county  seat  city.  The  auditor  of  such  county  shall 
act  as  secretary  of  such  board  and  in  case  of  a  tie  shall  cast 
the  deciding  vote.  The  mayor  shall  preside  but  shall  have 
the  power  to  vote  on  all  questions.  When  there  is  no  comp- 
troller in  such  city,  such  board  shall  consist  of  the  other 
named  officers  as  above  set  forth.  In  such  counties  such 
county  board  of  finance  shall  be  and  is  hereby  constituted 
tbe  board  of  finance  to  have  charge  and  control  under  this 
act  of  the  county  funds,  also  of  the  funds  of  such  county 
seat  city,  also  of  the  funds  of  such  school  city  or  board  of 
school  commissioners  in  such  county  seat  city.  (R.  S.  1908, 


807.  Compensation.  7.  The  county  auditor  shall  be 
paid  fifty  dollars  ($50.00)  per  annum  in  addition  to  his  reg- 
ular salary,  on  account  of  the  additional  services  required 
of  him  by  this  act,  to  be  allowed  by  said  board  and  to  bp 
paid  out  of  the  county  treasury.  The  other  members  of  the 
county  board  of  finance  shall  serve  without  compensation 
other  than  their  salary  as  county  commissioners.  Such 
board  shall  hold  meetings  whenever  necessary  in  the  dis- 
charge of  its  duties  as  such,  and  the  county  auditor  shall 
convene  such  board  whenever  reason  therefor  exists  or 
when  requested  so  to  do  by  one  of  its  members.  Said  county 


428  SCHOOL    LAW    OF    INDIANA. 

board  of  finance  shall  have  advisory  supervision  of  the  de- 
posit of  public  funds  of  the  county  treasury  as  provided  for 
in  this  act.  (R.  S.  1908,  §7528.) 

808,  Cities  and  towns — Board  of  finance.    8.    The  mayor 
and  common  council  of  each  city,  except  such  county  seat 
cities  as  are  mentioned  in  section  6  hereof,  and  the  board  of 
trustees  of  the  several  towns  in  this  state,  for  the  purposes 
of  this  act,  shall  be  constituted  boards  of  finance  of  such 
cities  and  towns  respectively.    The  city  clerks  in  each  city, 
and  the  town  clerk  in  each  town,  shall  act  as  secretary  of 
his  respective  board  of  finance:     Provided,  That  in  cities 
having  a  comptroller,  said  comptroller  shall  be  the  secre- 
tary of  said  board  of  finance.    The  city  and  town  boards  of 
finance  shall  meet  immediately  after  the  taking  effect  of 
this  act,  and  organize  by  electing  a  president  of  their  re- 
spective boards,  and  a  record  thereof  shall  be  made  of  their 
action.     Said  meetings  shall  be  held  at  the  usual  place  of 
holding  meetings  of  the  said  city  councils  and  town  boards, 
which  meeting  shall  be  open  to  the  public,  and  the  record 
at  all  times,  open  to  inspection.    Such  city  and  town  boards 
of  finance  may  sue  and  be  sued  in  their  names,  as  such,  in 
any  action,  and  in  any  court  having  jurisdiction,  whenever 
necessary  to  accomplish  the  purposes  of  this  act.    The  mem- 
bers of  such  boards  shall  serve  without  compensation,  other 
than  the  salaries  now  allowed  by  law  for  their  services  as 
officers  for  said  cities  and  towns.     Such  boards  shall  hold 
meetings  whenever  necessary  to  the  discharge  of  their  du- 
ties, and  the  secretaries  thereof  shall  convene  the  same 
when  requested  so  to  do  by  any  member  of  said  board. 
Such  boards  of  finance  shall  have  advisory  supervision  of 
the  safe-keeping  and  deposit  of  the  public  funds  of  their  re- 
spective cities  and  towns.     (R.  S.  1908,  §7529.) 

809.  School  and  township  board  of  finance.     9.     The 
boards  of  school  commissioners  of  each  school  city  in  this 
state,  having  such,  and  the  board  of  school  .trustees  of  each 
city  in  this  state,  having  such,  except  those  in  such  county 
seat  cities  as  are  mentioned  in  section  6  hereof,  and  the 


SCHOOL    LAW    OF    INDIANA.  429 

hoard  of  school  trustees  of  each  school  town  in  this  state, 
and  the  advisory  board  of  each  township  in  this  state,  for 
the  purposes  of  this  act  are  hereby  constituted  a  board  of 
finance  for  their  respective  corporation.  The  board  of 
finance  of  the  several  townships,  and  the  boards  of  finance 
of  the  several  school  cities  and  school  towns  of  this  state, 
shall  meet  immediately  after  the  taking  effect  of  this  act, 
at  their  usual  place  of  holding  meetings  in  their  respective 
cities,  towns  and  townships.  Said  meetings  shall  be  open  to 
the  public,  and  records  thereof  made,  and  each  board  shall 
organize  by  electing  a  president  and  secretary  from  its  mem- 
bership. Such  several  boards  may  sue  and  be  sued  in  their 
names  as  such,  in  any  court  having  jurisdiction,  whenever 
necessary  to  accomplish  the  purposes  of  this  act.  The  mem- 
bers of  such  boards  shall  serve  without  additional  compen- 
sation, and  meetings  shall  be  held  whenever  necessary  in 
the  discharge  of  their  duties.  Said  city  and  town  school 
boards,  and  advisory  boards  of  townships,  acting  as  boards 
of  finance  for  their  respective  school  cities  and  school  towns 
and  townships,  shall  have  advisory  supervision  of  the  safe- 
keeping and  deposit  of  all  public  funds  belonging  to  such 
school  cities,  school  towns  and  to  such  townships  and  the 
several  school  townships.  (R,  S.  1908,  §7530.) 

810.  Depository  deposits — Treasurers.  10.  Immediately 
after  the  organization  of  said  several  boards  of  finance  and 
the  designation  by  them  of  public  depositories,  as  by  this 
act  provided,  the  treasurer  of  state,  the  several  county  treas- 
urers, the  several  city  treasurers,  the  several  town  treasur- 
ers, the  several  treasurers  of  the  board  of  school  commis- 
sioners of  the  several  school  cities,  the  several  treasurers  of 
board  of  school  trustees  of  school  cities,  the  several  treas- 
urers of  the  board  of  trustees  of  school  towns  and  the  several 
township  trustees,  wrho  receive,  or  have  on  hand  any  public 
funds  by  virtue  of  such  office,  and  subject  to  deposit,  shall 
make  deposit  of  such  funds  in  the  depository  or  depositories 
selected  by  said  hoard^  of  finance  respectively,  and  file  with 
the  secretary  of  the  said  respective  boards  a  verified  state- 
ment of  the  funds  deposited.  (K.  S.  1908,  §7531.) 


430  SCHOOL    LAW    OF    INDIANA. 

811.  Requirements  as  to  depository— Bonds.     11.     No 
public  funds  shall  be  deposited  in  any  bank,  banking  insti- 
tution or  trust  company  of  this  state,  pursuant  to  the  pro- 
visions of  this  act,  unless  such  institution  is  subject  by  law 
to  visitation  and  examination  by  the  comptroller  of  the  cur- 
rency for  the  United  States  government,  through  national 
bank  examiners,  or  by  the  auditor  of  state  through  state 
bank  examiners  and  until  such  depository  has  presented  to 
said  board  of  finance  a  personal  bond  executed  by  not  less 
than  seven  (7)  freeholders  of  the  State  of  Indiana,  as  se- 
curity in  a  sum  equal  to  sixty  per  cent,  [of]  the  maximum 
amount  of  the  funds  to  be  held  on  deposit  at  any  one  time, 
or  has  presented  a  surety  company  bond  in  a  sum  equal  to 
one-half  the  amount  of  funds  to  be  so  held  at  any  one  time, 
said  bonds  to  be  approved  by  the  said  respective  boards  of 
finance.     (E.  S.  1908,  §7532,  as  amended  1909,  p.  182.) 

812.  Other  forms  of  security.     12.     The  several  banks 
and  trust  companies  may,  in  lieu  of  a  personal  or  surety 
company  bond  provided  for  in  section  11  hereof,  be  desig- 
nated as  depositories  upon  their  delivery  to  the  state  board 
of  finance,  or  to  the  several  boards  of  finance  of  counties, 
cities,  towns,  school  cities  and  school  towns,  and  townships, 
the  bonds  of  any  county  of  this  state,  or  issued  by  any 
county  of  this  state  for  the  improvement  of  roads,  bonds  of 
the  United  States,  or  bonds  of  the  State  of  Indiana,  for  the 
full  face  value  equal  to  one-half  of  the  maximum  amount  to 
be  deposited  in  any  bank  or  trust  company,  which  bonds 
shall  be  deposited  with,  and  held  by  the  auditor  of  state,  or 
by  the  respective  boards  of  finance  of  the  counties,  cities, 
towns,  school  cities,  school  towns,  and  townships  as  security 
for  such  deposits:     Provided,  That  before  such  national, 
state,  or  county  bonds,  or  other  form  of  security  are  ac- 
cepted by  the  several  boards  of  finance,  they  shall  determine 
the  value  and  validity  of  said  security  so  tendered:    Pro- 
vided, further,  That  any  bank  or  trust  company  may  furnish 
the  securities  provided  for  in  this  section  for  any  portion  of 
the  maximum  amount  to  be  deposited  in  it,  and  may  furnish 


SCHOOL    LAW     OF    INDIANA. 


431 


the  personal  or  surety  company  bond  pursuant  to  section  11 
hereof,  for  the  remainder  of  such  maximum  amount.  (E.  S. 
1908,  §7533,  as  amended  1909,  p.  183.) 

813.  Surety  disapproved — Court  decision.    13.    If  any 

board  of  finance  fails  or  refuses  to  approve  the  bond  or  se- 
curities of  any  such  bank  or  trust  company,  the  same  may 
be  presented  to  the  circuit  or  superior  court  in  the  county, 
or  the  judge  thereof  in  vacation,  which,  after  three  (3)  days' 
notice  to  the  secretary  of  any  such  board  of  finance,  shall 
proceed  to  hear  and  determine  the  sufficiency  of  such  bond 
or  security,  and  shall  approve  or  disapprove  the  same  as  the 
facts  warrant.  Such  court  or  the  judge  thereof  in  vacation 
shall  also  investigate  the  financial  responsibility  of  any  such 
bank  or  trust  company  and  determine  its  fitness  to  be  desig- 
nated a  depository  of  public  funds.  If  such  court  or  the 
judge  thereof  in  vacation  approves  said  bond  or  security, 
and  finds  said  bank  or  trust  company,  a  proper  institution 
to  be  entrusted  with  such  funds,  said  bank  or  trust  company 
shall  be  declared  by  such  court  or  the  judge  thereof  in  vaca- 
tion a  public  depository.  (E.  S.  1908,  §7534.) 

814.  Funds — Inviting  proposals  to  receive — Notice.    14. 

Within  twenty  (20)  days  before  the  time  set  for  the  meeting 
of  said  several  boards  of  finance,  the  secretaries  of  said 
boards  of  finance  shall  mail  to  each  bank  or  trust  company 
of  their  respective  townships  or  counties  a  notice  which 
shall  invite  proposals,  to  be  filed  with  said  several  boards  of 
finance  on  the  date  mentioned  in  such  notice,  proposing  to 
receive  public  funds  on  deposit  as  provided  for  in  this  act. 
Such  notice  to  be  sent  by  registered  mail  and  the  receipt 
received  for  such  letter  shall  be  filed  with  the  records  of  the 
office  of  said  secretary.  (E.  S.  1908,  §7535,  as  amended 
1909,  p.  437.) 

815.  Proposals  for  funds — Interest — Surety.    15.    Any 
bank  or  trust  company  subject  to  examination  by  state  or 
national  authority  and  having  its  place  of  business  in  this 
state,  and  doing  business  herein,  which  shall  desire  to  re- 


432 


SCHOOL    LAW    OF    INDIANA. 


ceive  public  funds  of  the  state  on  deposit,  or  any  such  bank 
or  trust  company  within  any  county,  desiring  to  receive  on 
deposit  public  funds  of  the  county,  or  of  any  public  corpo- 
ration within  the  county  shall  file  with  the  respective  board 
of  finance  on  the  day  mentioned  in  such  notice  provided  for 
in  section  fourteen  hereof,  its  written  proposal  to  receive  a 
maximum  sum  of  public  funds  on  deposit,  and  agree  to  pay 
interest  on  daily  balances,  at  the  rate  of  two  per  cent.  (2% ) 
per  annum,  and  upon  semi-annual  time  deposits,  two  and  a 
half  per  cent.  (2-J%)  per  annum,  and  upon  annual  time  de 
posits  three  per  cent.  (3% )  per  annum:  Provided,  The  bond 
or  securities  required  in  sections  eleven  and  twelve  of  this 
act  shall  be  filed  and  deposited  within  five  (5)  days  after 
notice  that  an  award  has  been  made,  and  before  a  deposit 
of  any  public  funds  under  said  award  shall  be  made:  Pro- 
vided further,  That  all  interest  so  earned  shall  be  added  re- 
spectively to  the  tuition  fund  of  the  township,  general  fund 
of  the  state,  city  and  town,  county  fund  of  the  county,  and  to 
the  tuition  fund  of  the  school  city  or  school  town,  except  in 
all  cases  interest  on  school  fund  shall  be  applied  to  tuition 
revenue:  Provided  further,  That  any  interest  derived  from 
the  funds  of  a  state  educational  institution,  shall  be  addeJ 
to  the  fund  from  which  it  is  derived.  (R.  S.  1908,  §7536.) 

816.    Creation  of  depository — Revocation — Appeal.     16. 

The  boards  of  finance  shall  meet  at  the  time  and  place  fixed 
in  said  notice,  and  shall  open  such  proposals  and  consider 
the  same,  and  any  bank,  banks  or  trust  companies  within  the 
state  tendering  security  as  provided  for  in  this  act,  and 
agreeing  to  pay  the  interest  provided  herein,  shall  be  con- 
stituted depositories  for  public  funds:  Provided,  That  the 
commission  of  any  depository  may  be  revoked  at  any  time, 
and  an  immediate  accounting  and  settlement  required  by 
the  board  of  finance  under  which  it  operates  for  any  cause 
deemed  sufficient  by  such  board  of  finance.  Such  deposi- 
tory, however,  shall  have  the  same  right  of  appeal,  and  the 
circuit  or  superior  court,  or  the  judge  thereof  in  vacation, 
the  same  jurisdiction  to  try  and  determine  the  case,  as  pro- 
vided for  appeals  in  section  13  hereof.  (R.  S.  1908,  §7537.) 


SCHOOL    LAW    OF    INDIANA.  433 

817.  Selecting  state  depositories — Finance  boards — Rec- 
ord.   17.    The  state  board  of  finance  shall  establish  and  de- 
clare banks  and  trust  companies   [depositories]   for  state 
funds  with  reference  to  the  convenience  of  officers  and  state 
institutions  using  them.     When  any  board  of  finance  has 
established  a  depository  or  depositories  for  public  funds, 
the  president  of  such  board  of  finance  shall  approve  and 
accept  snid  bank,  banks  or  trust  companies  as  depositories 
Tor  public  funds,  and  the  secretary  thereof  shall  attest  said 
acceptance,  and  thereupon  the  notice,  proposal,  bond  or  se- 
en ri ties,  and  acceptances,  shall  be  recorded  by  the  secretary 
as  provided  therefor  in  a  book  kept  for  that  purpose.    Such 
boards  of  finance  in  the  acceptances  executed  by  them  shall 
fix  the  maximum  amount  of  funds  which  shall  at  any  time 
be  placed  on  deposit  in  any  such  institution,  and  the  attor- 
ney-general, upon  the  approval  of  this  act,  shall  prepare 
forms  of  proposals,  forms  of  bonds  and  forms  of  accept- 
ances which  shall  be  used  and  observed  by  the  several 
boards  of  finance,  in  the  execution  of  this  act.     The  first 
designation  of  public  depositories  pursuant  to  this  act,  shalJ 
remain  effective  until  the  first  Monday  in  January,  1909. 
On  the  first  Monday  in  January,  1909,  and  biennially  there- 
after, the  several  boards  of  finance  created  by  this  act  shall 
designate  public  depositories  for  the  ensuing  two  years  and 
upon  the  terms  and  according  to  the  regulations  prescribed 
in  this  act,  and  after  notice  of  their  meeting  shall  have  been 
given  for  twenty  days  by  the  secretaries  thereof,  as  pro- 
vided in  section  14  of  this  act,     (R.  S.  1908,  §7538.) 

818.  Title    to    securities— Record— Defaults-Sale.      18. 

The  title  of  all  collateral  bonds  deposited  by  any  bank, 
hanks  or  trust  companies,  to  secure  the  deposit  of  public 
funds,  as  provided  in  this  act,  shall  vest  in  the  board  of 
finance  with  which  the  same  are  deposited,  for  the  use  and 
benefit  of  the  state,  [county],  city,  town,  township  or  school 
corporation  whose  funds  are  secured  thereby.  There  shall 
be  entered  on  record  in  the  records  of  such  boards  of  finance, 

[28—27277] 


434  M'HOOL    LAW    OF    INDIANA. 

a  list  of  the  bonds  so  deposited,  the  date  of  deposit,  and  the 
date  of  release  and  surrender  of  the  bonds  so  deposited. 
During  the  time  that  such  bonds  are  so  deposited,  and  while 
the  funds  that  secure  them  remain  ui)r>aid  and  unaccounted 
for,  such  bonds  so  deposited  shall  not  be  negotiable  or  trans- 
ferred either  in  writing  or  by  delivery.  All  interest  coupons 
accruing  upon  any  such  bonds  while  on  deposit  shall  belong- 
to  and  be -delivered  by  the  custodian  thereof  to  the  deposi- 
tory depositing  the  same,  provided  said  depository  is  not  in 
default  in  any  of  the  public  funds.  If  a  collateral  bond  ma- 
tures while  the  deposit  continues,  or  if  for  any  other  reason 
it  becomes  necessary  to  said  depository  to  withdraw  such 
collateral  bond  or  security,  the  depository  depositing  the 
same  shall  be  entitled  to  withdraw  any  such  collateral  bond, 
substituting  therefor  other  collateral  bonds  to  the  approval 
of  said  board  of  finance.  In  case  any  depository  defaults 
in  the  payment  of  any  public  funds  so  deposited,  the  collat- 
eral bonds  so  deposited  shall  be  sold  at  public  sale  for  cash, 
to  the  highest  bidder,  after  thirty  (30)  days'  notice  of  the 
time  and  .place  and  terms  of  sale,  which  notice  shall  be  given 
by  publication  in  two  newspapers  of  the  county  where  the 
sale  is  to  take  place.  The  sale  of  said  collateral  bonds,  for 
and  on  behalf  of  the  state  board  of  finance,  shall  be  con- 
ducted by  the  auditor  of  state;  for  and  on  behalf  of  the 
county  board  of  finance,  by  the  county  auditor;  for  and  on 
behalf  of  the  city,  by  the  mayor  and  common  council;  for 
and  on  behalf  of  the  town  boards  of  finance,  by  the  board  of 
town  trustees;  for  and  on  behalf  of  the  township  board  of 
finance  by  the  auditor  of  the  county;  for  and  on  behalf  of 
school  city  and  school  town  boards  of  finance,  by  the  trus- 
tees of  such  city  or  town  school  boards.  And  the  funds 
realized  from  such  sale  shall  be  applied  to  the  payment  of 
the  expenses  of  the  sale,  then  the  sum  due  from  such  deposi- 
tory, and  the  balance,  if  any,  shall  be  turned  over  to  such  de- 
pository. The  title  of  any  collateral  bonds  so  sold  shall  pass 
by  delivery  of  said  board  of  finance  to  the  purchaser,  and  a 
record  of  such  sale  shall  be  made  by  the  secretary  of  said 
board  of  finance:  Provided,  That  if  the  collateral  bonds 


FCHOOL    LAW    OF    INDIANA. 


435 


shall  not  sell  for  a  sum  sufficient  to  pay  the  amount  due  by 
such  depository,  an y  balance  unpaid  shall  be  a  claim  against 
the  assets  of  such  depository.  (E.  S.  1908?  §7539.) 

819.  State  institution  deposits — Treasurer's  settlement. 
19.    The  state  board  of  finance  shall  arrange  for  the  deposit 
of  all  state  funds  held  by  state  schools  or  educational  insti- 
tutions, and  all  funds  held  by  any  state  institutions  now  au- 
thorized to  keep  public  funds  on  hands,  in  banks  or  trust 
companies,  convenient  to  said  officers  or  institutions,  and 
said  deposits  shall  be  made  in  accordance  with  the  provi- 
sions of  this  act,  and  such  state  board  of  finance  is  hereby 
authorized  to  adopt  such  rules  and  regulations  concerning 
the  safe  keeping  and  deposit  of  such  state  funds  as  may  be- 
come necessary  to  accomplish  the  purpose  of  this  act.    That 
in  all  settlements  made  by  the  several  county  treasurers  of 
the  state  with  the  treasurer  of  state  the  treasurer  of  state 
shall  accept  from  the  county  treasurers  certificates  of  de- 
posit issued  by  any  authorized  depository  of  any  county  in 
the  state  in  payment  of  any  settlement  due  the  state  on  ac- 
count of  the  common  school  fund,  common  school  tuition 
fund  and  all  other  funds  levied  for  school  purposes  for 
which  settlement  is  required  with  the  treasurer  of  state,  col- 
lected by  any  such  county  treasurer  to  an  amount  approxi- 
mately equal  to  the  sum  of  money  to  be  returned  to  any 
such  county  by  the  state  on  account  of  the  common  school 
distribution,  which  certificate  of  deposit  shall  be  returned 
to  the  county  in  the  settlement  of  any  amount  due  such 
county  on  account  of  such  distribution.    (R.  S1.  1908,  §7540, 
as  amended  1909,  p.  324.) 

820.  Monthly  statement  by  depositories— Checks.     20. 
Each  depository  in  this  state  having  public  funds  on  de- 
posit shall  furnish  to  the  board  of  finance,  under  which  it 
operates,  on  the  first  day  of  each  month,  an  itemized  state- 
ment of  the  public  funds  in  such  depository,  which  state- 
ment shall  be  filed  and  carefully  preserved  in  the  office  of 
the  secretary  of  said  hoard  of  finance,  and  all  sums  of  in- 
terest accruing  on  the  funds  deposited  as  aforesaid  shall  bo 


486 


SCHOOL     I.A\V     OK     INDIANA. 


credited  to  the  deposit  accounts  by  said  depository  on  the 
first  day  of  each  month  for  the  preceding  month,  and  the 
auditor  of  state,  and  each  county  auditor,  shall  charge  the 
treasurers  respectively  with  the  amount  of  such  interest  and 
credit  the  same  to  the  state  or  county.  The  city  or  town 
hoard  of  finance,  school  city  or  school  town  board  of  finance, 
and  the  township  board  of  finance,  shall 'make  such  settle- 
ments concerning  interest  accruing  on  public  deposits  with 
their  treasurers  and  trustees  under  such  rules  and  regula- 
tions as  they  may  adopt:  Provided,  That  all  checks  drawn 
upon  depositories  shall  be  signed  by  officers  authorized  to 
sign  the  same  in  their  official  capacity:  Provided,  further. 
That  all  funds  paid  out  of  the  state  treasury  shall  be  by 
check  of  the  state  treasurer  upon  the  warrant  of  the  auditor 
of  state.  (R.  S.  1908,  §7541.) 

821.    More  than  one  depository — Maximum  deposits.    21 . 

When  two  or  more  banks  or  trust  companies  in  the  snme 
county,  city,  town  or  township,  propose  to  become  deposi- 
tories of  the  funds  thereof  and  offer  the  rate  of  interest 
provided  for  herein,  it  shall  be  the  duty  of  the  board  of 
finance  of  such  county,  city,  town  or  township  to  select,  im- 
partially, as  many  of  such  banks  or  trust  companies  for  de- 
positories as  tender  satisfactory  security  for  such  deposits: 
Provided,  That  maximum  amount  of  deposits  to  be  made  in 
any  depository  selected  by  one  or  more  of  the  boards  of 
finance  created  by  this  act  shall  not  exceed  the  sum  of  five 
hundred  thousand  dollars  ($500,000) :  Provided,  That  the 
maximum  sum  to  be  deposited  in  the  several  depositories 
shall  be  awarded  among  the  qualifying  depositories  in  pro- 
portion to  their  capital  stock, and  surplus:  And,  provided, 
That  in  the  event  that  the  depositories  qualifying  under 
this  act  shall  not  be  sufficient  in  number,  the  board  of 
finance  may  in  its  discretion  deposit  in  any  one  or  more  de- 
positories more  than  the  said  sum  of  $500,000;  And  pro- 
vided further,  That  all  funds  of  city,  town,  township  and 
school  corporations  shall  be  deposited  in  banks,  banking 
institutions  or  trust  companies  designated  as  public  depos- 


SCHOOL    LAW    OF    INDIANA.  437 

i lories  located  within  the  respective  limits  of  such  cities, 
towns,  township  or  school  corporations,  if  such  there  be, 
which  shall  accept  such  deposits  of  funds  on  the  terms 
herein  provided.  In  case  there  is  no  bank  or  trust  com- 
pany, within  any  city,  town,  township  or  school  corpora- 
tion, which  shall  accept  such  deposits  of  funds  on  the  terms 
herein  provided,  then  the  funds  of  such  corporation  shall 
he  deposited  in  one  or  more  qualifying  banks  or  trust  com- 
panies of  the  county  or  of  an  adjoining  county  which  are 
most  convenient  to  such  corporation,  but  there  shall  be  no 
discrimination  as  between  banks  of  equal  convenience  out- 
side of  such  corporation.  In  case  two  or  more  banks  or 
trust  companies  are  designated  as  depositories  the  board 
of  fir.ii nee  shall  require  the  officer  having  charge  of  the 
funds  to  deposit  and  maintain  the  balances  in  each  depos- 
itory as  nearly  as  practicable  in  proportion  to  the  maxi- 
mum sum  awarded  to  such  depositories,  as  provided  in 
section  17  of  this  act:  And  provided  further,  That  in  case 
nny  bank  or  trust  company  in  this  state  which  has  been 
awarded  a  deposit  of  public  funds  under  this  act,  and  is 
designated  a  public  depositor}7,  shall  at  any  time  desire  to 
givo  up  and  relinquish  such  deposit  of  public  funds;  or  if 
any  bank  which  has  been  designated  a  public  depository 
shall  increase  its  capital  stock,  after  such  award  has  been 
made,  and  such  bank  shall  file  bond  or  securities  for  addi- 
tional deposits  proportionate  to  such  increase  of  its  cap- 
ital stock,  then  the  said  board  of  finance,  in  whose  juris- 
diction said  bank  or  trust  company  is  located,  shall  have 
the  power  and  authority  to  order  the  proper  official  to  draw 
on  the  treasurer  of  such  funds  for  the  purpose  of  making 
such  transfer  as  may  be  ordered  by  said  board  of  finance. 
(R,  S.  1908,  §7542,  as  amended  1911.  p.  425.) 

822.     Published  reports— Auditor's  powers.    22.    Every 

national  banking  corporation  designated  as  a  depository 
under  the  provisions  of  this  act  having  public  funds  on  de- 
posit as  such,  is  hereby  required  to  submit  to  the  state  bank 
examiner  foi  examination,  and  to  submit  any  published  re- 
port or  reports  made  to  the  comptroller  of  the  currency  re- 


438 


SCHOOL    LAW    OF    INDIANA. 


lating  to  the  financial  condition  of  such  association.  The 
auditor  of  state  may  call  for  reports  from  any  depository 
designated  as  such  by  any  such  board  of  finance  whenever 
in  his  judgment  the  same  is  necessary  in  order  to  obtain  full 
and  complete  knowledge  of  the  condition  of  the  public  funds 
therein  deposited.  (R.  S.  1908,  §7543.) 

823.  Selection  without  advertising — Outside  of  county. 
23.     That  in  counties  where  only  one  bank  or  trust  com- 
pany is  located,  the  board  of  finance  shall  designate  such 
bank  or  trust  company  a  depository  without  advertising: 
Provided,  Such  bank  or  trust  company  agrees  to  pay  inter- 
est at  the  rates  as  provided  for  in  this  act,  and  give  security 
as  herein  provided:     Provided  further,  That  in  counties 
where  there  is  no  bank  or  trust  company,  or  where  no  bank 
or  trust  company  offers  to  accept  public  funds  on  deposit 
and  comply  with  the  requirements  of  this  act,  the  board 
must  designate  some  bank,  banks  or  trust  companies  outside 
of  such  county,  and  within  the  state,  as  such  depository  or 
depositories.    (E.  S.  1908,  §7544.) 

824.  Daily  deposits— Embezzlement— Penalties.    24.  All 
public  funds  paid  into  the  treasury  of  the  state,  counties, 
cities  and  towns  and  school  cities  and  school  towns  shall  be 
deposited  daily  in  one  or  more  designated  depositories  in 
the  name  of  the  state,  county,  municipality,  or  school  corpo- 
ration by  the  officer  having  control  thereof,  except  that  the 
public  funds  collected  by  the  secretary  of  state,  auditor  of 
state,  attorney-general,  clerk  of  the  supreme  court,  chief  oil 
inspector,  commissioner  of  fisheries  and  game,  or  any  state 
officer  or  board  having  an  office  in  the  state  capitol  building 
other  than  the  treasurer  of  state,  shall  be  deposited  with 
the  treasurer  of  state;  all  such  state  funds  to  be  deposited 
on  the  day  following  the  collection  thereof,  and  the  funds 
collected  by  the  township  trustee  to  be  deposited  in  the 
public  depository  provided  therefor,  on  or  before  the  first 
and  fifteenth  days  of  each  month:    Provided,  That  all  taxes 
collected  by  the  county  treasurer  shall  be  deposited  as  ono 
fund  in  the  several  depositories  selected  for  the  deposit  of 


SCHOOL    LAW    OF    INDIANA.  439 

county  funds,  and  except  as  hereinafter  provided,  shall  so 
remain  until  the  same  is  distributed  at  the  following  semi- 
annual distribution  made  by  the  county  auditor.  And  no 
such  officer  shall  draw  any  check  upon  any  such  depository 
for  any  purpose  except  for  the  payment  of  a  warrant  drawn 
by  the  auditor  of  state,  or  warrant  or  order  drawn  by  the 
county  auditor,  or  the  proper  officer  of  a  city,  town,,  school 
city  or  school  town,  or  in  payment  of  a  legal  claim  against 
a  township,  and  if  any  such  officer  or  person  mentioned 
herein  shall  fail  so  to  deposit  such  funds,  or  shall  deposit 
the  same  in  any  manner  except  in  accordance  with  the  pro- 
visions of  this  act,  or  shall  draw  any  check  against  such 
funds  except  as  provided  for  in  this  act,  he  shall  be  deemed 
guilty  of  embezzlement  of  public  funds  and  upon  conviction 
shall  be  imprisoned  in  the  state's  prison  not  less  than  one 
year  nor  more  than  twenty  years,  and  fined  in  any  sum  not 
to  exceed  one  thousand  ($1,000)  dollars,  and  may  be  re- 
moved from  office  under  the  proceedings  authorized  by  law, 
and  shall  be  liable  upon  his  official  bond  for  any  loss  or  dam- 
age which  may  accrue:  Provided,  further,  That  if  any  pub- 
lic official  charged  with  any  other  duty  under  this  act  shall 
knowingly  fail  to  discharge- and  perform  the  same,  or  shall 
violate  any  of  the  provisions  of  this  act,  he  shall  upon  con- 
viction thereof  be  fined  in  any  sum  not  less  than  $50.00  nor 
more  than  $1,000.00,  and  to  it  may  be  added  imprisonment 
in  the  county  jail  for  any  period  not  less  than  thirty  days 
nor  more  than  six  months:  Provided,  however,  That  every 
county  treasurer  who,  by  virtue  of  his  office,  shall  be  the  col- 
lector of  taxes  for  any  city,  town,  school  city  or  school  town, 
within  his  county,  shall  on  the  first  day  of  each  calendar 
month,  make  an  estimate  of  such  taxes  so  collected  by  him 
for  each  such  city,  town,  school  city  or  school  town,  re- 
spectively, during  the  preceding  month  and  certify  the  re- 
spective amounts  to  the  auditor  of  such  county,  and  the  au- 
ditor of  such  county  shall  thereupon  draw  his  warrants 
upon  such  county  treasurer  in  favor  of  such  city,  town, 
school  city  or  school  town  for  the  respective  sums  so  certi-. 
fiod  which  warrants  shall  be  delivered  by  such  auditor  to 
such  respective  cities,  towns,  school  cities  or  school  towns 


440  SCHOOL    LAW    OF    INDIANA. 

through  the  city  controller,  if  any,  and  if  not  then  to  the 
city  or  town  clerk,  and  upon  the  presentation  of  such  war- 
rants to  the  county  treasurer  he  shall  promptly  pay  the 
same  to  the  treasurer  of  such  city,  town,  school  city  or 
school  town,  which  respective  sums  shall  be  immediately 
available  for  the  use  of  such  city,  town,  school  city  or  school 
town  pending  a  full  settlement  with  the  county  auditor  at 
the  time  of  his  next  regular  semiannual  distribution  of 
funds  and  for  the  purpose  of  such  monthly  certification  by 
the  county  treasurer  and  the  drawing  and  delivery  of  such 
warrants  by  the  county  auditor  and  the  immediate  use  of 
the  amounts  so  certified;  all  moneys  collected  by  the  county 
treasurer  for  the  benefit  of  a  teachers '  pension  fund  shall  be 
deemed  moneys  collected  by  him  for  such  school  city  or 
school  town  within  the  meaning  of  this  proviso.  All  war- 
rants and  orders  for  the  payment  of  public  money,  excepting 
state  and  township  funds,  shall  be  drawn  by  the  proper 
officer  upon  the  proper  treasurer,  and  to  each  warrant  and 
order  when  drawn  may  be  attached  a  readily  detachable 
slip  showing  the  number,  date  and  amount,  name  of  the 
payee,  the  purpose,  the  fund  upon  which  it  is  drawn,  and 
the  name  and  office  of  the  drawer;  such  warrants  and  orders 
shall  be  presented  to  the  proper  treasurer  who  shall  detach 
and  retain  the  slip,  and  stamp  upon  the  warrant  or  order 
the  name  of  the  depository  by  which  such  warrant  or  order 
is  payable,  and  countersign  the  same,  and  no  warrant  or  or- 
der shall  be  effective  until  so  stamped  and  countersigned: 
Provided,  however,  That  the  said  treasurer  when  any  war 
rant  or  order  shall  be  presented  for  stamping  and  counter- 
signing may,  after  stamping  and  countersigning  the  same, 
for  convenience  of  the  persons  presenting  the  same,  pay 
the  amount  thereof  to  such  holder  presenting  the  same  and 
take  an  assignment  by  endorsement  of  such  warrant  or  or- 
der and  deposit  the  same  in  the  proper  depository  in  lieu 
of  the  cash  so  paid  out  to  the  holder  of  such  warrant  or 
order.  All  township  warrants  shall  be  drawn  by  the  town- 
ship trustee  directly  against  a  township  depository.  (B.  S. 
1908,  §7545,  as  amended  1911,  p.  616.) 


-«   IIOOL    LAW    OF    INDIANA.  441 

.  825.  Official  liability — Exemption.  25.  When  the  pub- 
lic funds  of  the  state,  county,  city,  town,  township,  or  school 
corporation  are  deposited  by  the  officers  having  control 
thereof,  as  provided  herein,  such  officer  and  his  bondsmen 
shall  be  exempted  from  all  liability  thereon  by  reason  of 
loss  of  any  such  funds  from  failure,  bankruptcy,  or  any 
other  act,  of  any  such  depository  or  depositories,  to  the  ex- 
tent of  the  funds  in  the  hands  of  any  such  depository  or  de- 
positories at  the  time  of  such  failure  or  bankruptcy:  Pro- 
vided, This  act  shall  be  in  effect  and  full  force  on  and  after 
December  1st,  1907.  (R.  S.  1908,  §7546.) 


442 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XXVTT.I. 

THE  PUBLIC  ACCOUNTING  BOARD. 


SBC 

826.  Appointments  by  Governor. 

827.  State  Board  of  Accounts— Powers— Duties. 

828.  Separate  accounts. 

829.  State  Examiner— Reports  to— Contents. 

830.  Examiner — Comparative  statistics. 

831.  Forms  for  reports — Blanks,  etc. 

832.  Assistants — Field  examiners. 

833.  Competitive  examinations. 

834.  State  examiner— Duties — Powers. 

835.  Failure  to  report— Penalty. 

836.  Fee  records — Fee  and  salary  book — Open 

to  Public. 

837.  Fines    or    forfeitures— Record    book— Re- 

ports— Penalty. 

838.  Audit  of  bills— Warrant— Quietus. 

839.  Expense  of  examination — How  paid. 

840.  Traveling  expenses. 

841.  Bonds  required. 

842.  Definitions. 

843.  Bribe— Offer  or  acceptance— Penalty. 

844.  Examinations  without  notice — Penalty. 

845.  Books — Records  and  forms. 


SBC. 

846.  When  act  in  effect. 

847.  Officers— Duties   as   to   books,    etc.— Pen- 

alty. 
848..    Repeal. 

849.  Field  examiners — Appointment — Duty — 

Compensation. 

850.  Reports  of  examinations — Transmiasion  to 

Attorney  General. 

851.  Prosecutions— By  whom  prosecuted. 

852.  Prosecuting  Attorney— Duties. 

853.  Plaintiffs  in  prosecutions— Judgment. 

854.  Pending  actions— Prosecutor's  duties. 

855.  Prosecutor's  fees. 

856.  Compromise    by    Prosecutor— Consent    of 

Examiners. 

857.  Findings  of  Examiners— Notice— Hearing- 

Settlement— Publicity.  - 

858.  Trial— Sole  question— Evidence. 

859.  Remedies  cumulative. 

860.  Appeals— Duties  of  Attorney  General. 


[1909,  p.  J36.    Approved  March  4.  1909.] 

826.  Appointments  by  governor.  1.  There  is  hereby 
created  and  established  a  department  of  inspection  and  su- 
pervision of  public  offices.  The  principal  officer  of  said  de- 
partment shall  be  known  as  state  examiner,  shall  be  a  skill- 
ful accountant  and  well  versed  in  public  accounting,  and 
shall  receive  an  annual  salary  of  four  thousand  dollars,  and 
he  shall  be  appointed  by  the  governor.  There  shall  also  be 
appointed  by  the  governor  two  deputy  examiners  who  shall 
have  like  qualifications  as  the  state  examiner,  and  who  shall 
be  of  different  political  parties,  and  each  deputy  examiner 
shall  receive  an  annual  salary  of  three  thousand  dollars,  and 
such  deputy  examiners  shall  be  subordinate  to  the  state  ex- 
aminer. It  shall  be  the  duty  of  the  governor  within  sixty 
days  after  the  taking  effect  of  this  act,  to  appoint  such  state 
examiner  and  to  appoint  two  such  deputy  examiners.  One 
of  such  deputy  examiners  shall  be  appointed  for  two  years 
and  the  other  for  four  years,  and  their  successors  shall  be 
appointed  for  four  years.  The  deputy  examiners  shall  be 


SCHOOL    LAW    OF    INDIANA.  443 

subject  to  removal  by  the  governor  upon  executive  order 
entered  in  writing  and  showing  cause  therefor.  The  clerk 
of  said  department  shall  be  appointed  by  the  state  exam- 
iner, and  shall  be  responsible  to  the  state  examiner,  and 
shall  receive  an  annual  salary  of  two  thousand  dollars. 
Said  salaries  provided  by  this  section  shall  be  paid  monthly 
out  of  any  moneys  of  the  state  not  otherwise  appropriated. 
The  department  of  inspection  and  supervision  of  public 
offices  shall  be  provided  with  suitable  quarters  hi  the  state 
house. 

827.  State  board  of  accounts — Powers — Duties.  2.  The 
governor,  the  auditor  of  state  and  state  examiner  shall  con- 
stitute the  state  board  of  accounts  and  as  such  shall  formu- 
late, prescribe  and  install  a  system  of  accounting  and  re- 
porting in  conformity  with  the  provisions  of  this  act,  which 
shall  be  uniform  for  every  public  office  and  every  public 
account  of  the  same  class,  and  which  shall  exhibit  true  ac- 
counts and  detailed  statements  of  funds  collected,  received 
and  expended  for  or  on  account  of  the  public  for  any  and 
every  purpose  whatever,  and  by  all  public  officers,  employes 
or  other  persons,  and  which  shall  show  the  receipt,  use  and 
disposition  of  all  public  property,  and  the  income,  if  any, 
derived  therefrom;  and  shall  show  all  sources  of  public  in- 
come and  the  amounts  due  and  received  from  each  source, 
and  shall  show  all  receipts,  vouchers  and  other  documents 
kept,  or  that  may  be  required  to  be  kept,  necessary  to  sepa- 
rate to  itself  and  prove  the  validity  of  every  transaction; 
and  they  shall  formulate  all  statements  and  reports  made  or 
required  to  be  made  for  the  internal  administration  of  the 
office  to  which  they  pertain,  and  all  reports  published  or 
that  may  be  required  to  be  made  or  published  for  filing  in 
the  office  of  state  examiner  or  for  the  information  of  the 
people,  regarding  any  and  all  details  of  the  financial  ad- 
ministration of  public  affairs;  and  they  shall  from  time  to 
time  make  and  enforce  such  changes  in  the  system  and 
forms  of  accounting  and  reporting  as  shall  by  them  be 
deemed  wise  or  as  may  become  necessary  in  order  to  con- 
form to  law. 


444          '  SCHOOL    LAW    OF    INDIANA. 

828.  Separate  accounts.    3.    Separate  accounts  shall  be 
kept  for  every  appropriation  or  fund  made  by  or  accruing 
to  any  municipality,  showing  date  and  manner  of  each  pay- 
ment made  out  of  the  funds  provided  for  [by]  such  appro- 
priation, the  name,  address  and  vocation  of  each  person, 
firm,  organization,  corporation  or  association  to  whom  paid, 
and  for  what  paid,  such  name,  vocation  and  address  to  be 
embodied  in  and  verified  in  all  claims  by  law  required  to  be 
filed  for  payment.    Separate  accounts  shall  be  kept  for  each 
department,  undertaking,  institution  and  public  service  in- 
dustry.    Accounts  of  public  service  industries  shall  show 
the  true  and  entire  cost  of  the  ownership  and  operation 
thereof,  the  amount  collected  annually  by  general  or  special 
taxation  for  service  rendered  to  the  public  and  the  amount 
and  character  of  the  service  rendered  therefor,  and  the 
amount  collected  annually  from  private  users,  if  any,  for 
service  rendered  to  them,  and  the  amount  and  character  of 
the  service  rendered  therefor. 

829.  State  examiner — Reports  to — Contents.     4.     The 
state  examiner  shall  require  from  every  municipality  and 
every  public  institution,  financial  reports  covering  the  full 
period  of  each  fiscal  year,  said  reports  to  be  made  respect- 
ively by  the  county  auditor,  township  trustee,  city  clerk, 
town  clerk  and  secretary  of  the  board  of  school  trustees  or 
commissioners  for  their  respective  municipalities,  and  by 
the  superintendents  of  public  institutions,  in  accordance 
with  the  forms  and  methods  herein  provided  for,  which  shall 
be  uniform  for  all  accounts  of  the  same  class,  which  said  re- 
ports shall  be  prepared,  verified  and  filed  with  the  state  ex- 
aminer within  thirty  days  after  the  close  of  each  fiscal  year, 
which  shall  be  December  31st  of  each  year  in  all  cases  in 
which  the  fiscal  year  is  not  otherwise  fixed  by  law.    Such 
reports  shall  contain  an  accurate  statement,  in  summarized 
form,  of  all  collections  made  by  or  receipts  received  by 
such  municipalities  and  institutions  from  all  sources,  all 
accounts  due  the  public  treasury  but  not  collected  and  of 
all  expenditures  for  every  purpose  and  by  what  authority 
authorized,  and  also: 


SCHOOL    LA\V    OF    INDIANA. 


445 


(a)  A  statement  of  all  costs  of  ownership  and  operation 
and  of  all  income  of  every  public  service  industry  owned  by 
any  municipality. 

(b)  A  statement  of  the  entire  public  debt  of  each  munic- 
ipality and  such  other  and  further  or  more  specific  infor- 
mtaion  in  relation  to  the  cost  of  any  branch  of  the  municipal 
service  or  any  improvement  therein  as  may  be  required  by 
the  state  examiner. 

(c)  A  statement  of  all  revenues  received  from  the  pay- 
ments of  liquor  licenses  and  in  addition  thereto  an  itemized 
statement  of  all  amounts  remaining  unpaid  upon  any  liquor 
licenses  theretofore  granted  or  then  in  force. 

(d)  A  statement  showing  the  amount  of  the  common 
school  funds  in  the  custody  of  each  county,  including  an 
itemized   statement   showing  the   investment  of  all   such 
funds,  of  delinquent  school  fund  mortgages,  and  of  lands 
forfeited  for  non-payment  of  school  fund  mortgages. 

830.  Examiner — Comparative  statistics.     5.     The  sub- 
stance of  the  reports  required  by  the  provisions  of  this  act 
shall  be  arranged  by  the  state  examiner  in  such  form  as 
shall    indicate    the    comparative    receipts    of    the   various 
sources  of  revenue  and  the  comparative  costs  of  the  several 
branches  of  government  in  the  specified  municipalities  and 
shall  be  published  in  an  annual  statement  of  comparative 
statistics,  which  shall  be  issued  for  each  class  of  municipali- 
ties at  the  expense  of  the  state  as  a  public  document,  and 
shall  be  submitted  by  the  state  examiner  annually  to  the 
governor  and  to  the  legislature  at  each  regular  session. 
Copies  thereof  shall  also  be  furnished  by  him  to  each  mu- 
nicipality named  therein. 

831.  Forms  for  reports — Blanks,  etc.    6.    The  governor, 
auditor  of  state  and  state  examiner  shall  formulate,  pre- 
scribe and  approve  the  forms  for  reports  herein  required  to 
be  made,  and  the  state  examiner  shall  annually  furnish  to 
the  officers  required  to  make  reports  by  the  provisions  of 
this  act,  at  least  ninety  days  before  the  time  such  reports 
are  required  to  be  filed  with  him,  such  printed  blanks  and 


446  SCHOOL    LAW    OF    INDIANA. 

forms  on  which  shall  be  indicated  the  information  required, 
together  with  suitable  printed  instructions  for  filling  out 
the  same.  In  formulating,  prescribing  and  installing  a  uni- 
form system  of  accounting  and  reporting,  the  governor,  au- 
ditor of  state  and  state  examiner  may  employ  necessary 
clerical  assistants  and  one  or  more  expert  assistants  at  a 
reasonable  compensation  to  be  by  them  determined,  and 
such  compensation  shall  be  paid  out  of  any  moneys  not 
otherwise  appropriated,  upon  vouchers  certified  as  to  cor- 
rectness by  the  state  examiner,  and  complying  in  all  re- 
spects with  the  law  relating  to  disbursements  by  the  state 
government. 

832.  Assistants — Field  examiners.    7.    The  state  exam- 
iner shall  appoint  assistants  not  exceeding  such  number  as 
in  the  judgment  of  the  governor,  the  auditor  and  the  state 
examiner  may  be  required  to  administer  the  provisions  of 
this  act.    Such  assistants  shall  be  known  as  "field  exam- 
iners" and  shall  at  all  times  be  subject  to  the  order  and  di- 
rection of  the  state  examiner,  and  shall  be  charged  with  the 
duty  of  inspecting  and  examining  accounts  of  such  munici- 
palities.   Such  field  examiners  shall  be  paid  as  provided  in 
section  14  of  this  act,  the  sum  of  ten  dollars  for  each  day 
employed,  and  one  railroad  fare  each  way  between  their 
respective  homes  and  the  place  of  examination.     No  field 
examiner  shall  receive  more  than  one  per  diem  for  work 
performed  in  any  One  day,  and  no  other  allowance  for  ex- 
penses shall  be  made  to  such  field  examiners. 

833.  Competitive  examinations.     8.     Such  field  exami- 
ners shall  be  appointed  from  applicants  who  shall  have  suc- 
cessfully passed  an  open,  competitive  examination  for  test- 
ing their  fitness  for  appointment.    Such  examinations  shall 
be  made  at  stated  periods  by  the  chief  examiner  and  deputy 
examiners  after  due  announcement  in  the"  public  press,  and 
shall  be  practical  in  their  character,  and  as  far  as  may  be 
shall  relate  to  those  matters  which  will  fairly  test  the  rela- 
tive capacity  and  fitness  of  the  persons  examined  to  dis- 
charge the  duties  of  the  office,  and  all  appointments  of  field 


SCHOOL    LAW    OF    INDIANA. 


447 


examiners  shall  be  made  solely  upon  the  ground  of  fitness 
and  without  regard  to  the  political  affiliation  of  the  ap- 
pointee, excepting  that  no  more  than  one-half  of  the  number 
of  field  examiners  employed  at  any  one  time  shall  belong  to 
any  one  political  party.  The  state  board  of  accounts  is  em- 
powered to  make  and  establish,  and  from  time  to  time  alter 
and  amend  by-laws,  rules  and  regulations  for  the  proper  en- 
forcement of  the  provisions  of  this  section. 

834.  State  examiner — Duties — Powers.  9.  It  shall  be 
the  duty  of  the  state  examiner,  and  he  is  given  full  power 
to  examine  personally  or  through  the  deputy  examiners  and 
field  examiners,  all  accounts  and  all  financial  affairs  of  every 
public  office  and  officer  and  of  every  public  institution,  in- 
cluding all  state  offices  and  state  institutions,  and  shall  make 
such  examination  at  least  once  each  year.  On  every  such 
examination  inquiry  shall  be  made  as  to  the  financial  con- 
dition and  resources  of  each  municipality  or  institution, 
whether  the  laws  of  the  state  and  the  requirements  of  the 
department  of  inspection  and  supervision  of  public  offices 
have  been  complied  with,  and  into  the  methods  and  ac- 
curacy of  the  accounts  and  reports  of  the  office  examined. 
Such  examinations  shall  be  made  without  notice.  The  state 
examiner,  deputy  examiners  or  any  field  examiner  when  en- 
gaged in  making  any  examination  as  provided  in  this  act, 
or  when  engaged  in  any  official  duty  devolved  upon  them  as 
such,  shall  have  the  right  to  enter  into  any  state,  county, 
city,  or  township  or  other  public  office  or  offices  in  this  state, 
or  any  public  institutions,  and  examine  any  books,  papers 
or  documents  contained  therein  or  belonging  thereto  for  the 
purpose  of  making  such  examination,  and  shall  have  access, 
in  the  presence  of  the  custodian  thereof  or  his  deputy,  to  the 
cash  drawers  and  cash  in  the  custody  of  such  officer,  and  they 
shall  also  have  the  right,  during  business  hours  to  examine 
the  public  accounts  in  any  depository  which  has  public- 
funds  in  its  custody  pursuant  to  the  laws  of  this  state.  The 
state  examiner,  deputy  examiner  or  any  field  examiner, 
when  engaged  in  making  any  examination  of  any  office, 


448  SCHOOL     LAW     OF     INDIANA. 

officer,  board  or  institution,  or  any  other  examination  au- 
thorized by  this  act,  may  issue  subpoenas  for  witnesses  to 
appear  before  him  in  person  or  to  produce  books  and  papers 
before  him  for  inspection  and  examination.  They  shall  have 
the  authority  to  administer  oaths  and  to  examine  such  wit- 
nesses under  oath  orally  or  by  interrogatories  propounded 
touching  the  matters  under  investigation  and  examination, 
and  under  authority  of  the  state  examiner,  such  oral  exam- 
ination may  be  taken  in  shorthand  and  transcribed,  and  the 
reasonable  expense  thereof  shall  be  paid  by  the  municipality 
in  the  same  manner  as  the  compensation  of  the  field  exam- 
iner is  paid.  Such  subpoenas  shall  be  served  by  any  person 
authorized  to  serve  civil  process  from  any  court  in  this 
state.  In  case  any  witness  duly  subpoenaed  refuses  to  at- 
tend, or  refuses  to  produce  documents,  books  and  papers  as 
required  in  such  subpoena,  or  shall  attend  and  refuse  to 
make  oath  or  affirmation,  or  being  sworn  or  affirmed,  shall 
refuse  to  testify  when  called  upon  so  to  do,  then  such  person 
shall  be  by  such  examiner  reported  to  the  prosecuting  at- 
torney of  the  county  or  judicial  district  where  the  offense  is 
committed  for  proceedings  by  that  officer  under  section  504 
of  an  act  entitled  "An  act  concerning  public  offenses,''  ap- 
proved March  10,  1905,  and  such  examiner  may  apply  to  the 
circuit  court  having  jurisdiction  thereof  for  the  enforcement 
of  attendance  and  answers  to  questions  as  provided  by  law 
in  the  matter  of  taking  depositions.  Wilful  false  swearing 
in  such  examination  shall  be  perjury  and  shall  be  punish- 
able as  such.  A  report  of  such  examination  shall  be  made, 
signed  and  verified  in  duplicate  by  the  officer  making  the 
examination,  one  copy  to  be  filed  with  the  state  examiner, 
one  copy  to  be  filed  with  the  officer  or  institution  examined, 
and  one  copy  to  be  filed  with  the  auditing  department  of  the 
municipality  examined  and  reported  upon.  If  any  such  ex- 
amination discloses  malfeasance,  misfeasance  or  non-feas- 
ance in  office  on  the  part  of  any  officer  or  employe,  an  addi- 
tional copy  of  such  report  shall  be  so  made,  signed  and  veri- 
fied, and  it  shall  be  the  duty  of  the  state  examiner  to  place 
such  report  with  the  governor,  and  the  governor  shall  trans- 


SCHOOL     LAW    OF    INDIANA. 


449 


init  the  same  to  the  attorney  general  and  the  attorney  gen- 
eral shall  institute  and  prosecute  such  civil  proceedings 
against  such  delinquent  officer,  or  upon  his  official  bond  or 
both,  as  will  carry  into  effect  the  findings  resulting  from 
such  examination  and  secure  to  the  proper  municipality  the 
recovery  of  any  funds  misappropriated.  Any  such  report 
as  is  described  in  this  section  or  a  copy  thereof  duly  certi- 
fied by  the  state  examiner  shall  be  taken  and  received  in  any 
and  all  courts  of  this  state,  as  evidence  of  the  facts  in  such 
reports  stated  and  contained.  It  shall  be  unlawful  for  any 
deputy  examiner  or  field  examiner  to  make  any  disclosure 
of  the  result  of  any  examination  of  any  public  account  ex- 
cepting as  he  shall  make  the  same  to  the  state  examiner,  or 
as  he  shall  be  directed  to  give  publicity  to  any  such  matter 
by  the  state  examiner,  or  by  any  court. 

835.  Failure  to  report — Penalty.    10.    Any  public  officer 
who  shall  fail  or  neglect  to  make,  verify  and  file  with  the 
state  examiner  any  such  report  as  is  required  by  this  act,  or 
who  shall  fail  or  neglect  to  follow  the  directions  of  the  state 
examiner  in  keeping  the  accounts  of  his  .office,  or  who  shall 
refuse  the  state  examiner,  deputy  examiner  or  field  exam- 
iner access  to  the  books,  accounts,  papers,  documents  or 
cash  drawer  or  cash  of  his  office,  or  who  shall  in  any  way 
interfere  with   such  examiners  in  the  discharge  of  their 
official  duties  shall  be  guilty  of  a  misdemeanor  and  shall  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars,  and  shall  forfeit  and  be  removed  from  his 
office  in  the  manner  now  or  hereafter  provided  by  law. 

836.  Fee  records — Fee  and  salary  book — Open  to  public. 

1 1.  There  shall  be  kept  in  the  office  of  each  public  officer, 
board,  commission  and  institution  in  this  state,  a  record  of 
fees  collected  for  the  public  treasury,  and  in  addition  a  sep- 
arate fee  and  salary  book,  both  of  which  shall  at  all  times 
be  subject  to  public  inspection,  the  forms  for  which,  for 
each  class  of  offices,  shall  be  devised  and  formulated  by  the 
governor,  auditor  and  state  examiner  provided  in  this  act, 

[29—27277] 


450  SCHOOL    LAW    OF    INDIANA. 

It  shall  be  the  duty  of  all  public  officers  in  this  state,  all 
boards,  commissioners,  commissions,  superintendents  of  in- 
stitutions, constables,  justices  of  the  peace,  town  and  city 
marshals  and  mayors,  city  judges  and  mayors  who  act  as 
city  judges,  and  all  other  persons  who  collect  fees  for  their 
services  or  as  otherwise  provided  by  law  or  in  the  course  of 
their  official  duty,  to  keep  a  complete  record  of  all  such  fees 
collected  from  any  and  every  source  whatever,  and  such 
officers  and  persons  shall  keep  a  separate  record  of  all  such 
fees  as  are  payable  into  the  public  treasury,  and  a  separate 
record  showing  all  fees  and  salaries  received  by  any  officer 
or  person,  and  it  shall  be  the  duty  of  all  such  officers  who 
employ  deputies,  assistants,  clerks,  stenographers  or  other 
employes  who  receive  a  salary,  fees  from  any  source  what- 
ever, or  other  compensation,  paid  with  public  funds,  to  en- 
ter in  such  fee  and  salary  book  the  names  of  all  such  officers 
and  persons,  including  himself,  as  receive  any  such  com- 
pensation, and  the  amount  thereof,  from  time  to  time,  as  the 
same  accrues,  and  to  show  upon  each  book  the  particulars 
of  each  item  and  from  whom  and  on  what  account  the  same 
accrues  and  when  the  same  was  paid  to  the  officer  or  other- 
person,  and  by  whom  paid.  The  intention  and  purpose  of 
this  section  is  declared  to  be  that  such  book  shall  contain 
separately  the  items  and  totals  of  all  sums  collected  for  the 
benefit  of  the  public  treasury  and  of  all  sums  received  by 
the  respective  persons  for  all  services  rendered  and  which 
accrues  to  them  respectively  on  account  of  their  exercising 
the  duties  of  such  position  so  held  by  them  respectively, 
and  that  this  section  shall  be  construed  to  apply  to  all  state 
officers,  state  institutions,  state  commissioners  or  commis- 
sions, and  to  all  county,  city,  town,  township  and  school 
officers  in  this  state.  Such  records  as  are  provided  for  in 
this  section  shall  be  public  records  and  shall  always  be  ac- 
cessible to  the  public. 

837.  Fines  or  forfeitures — Record  book — Reports- 
Penalty.  12.  It  shall  also  be  the  duty  of  any  officer  who 
collects  or  receives  fines  or  forfeitures  belonging  to  the 
State  of  Indiana,  to  keep  in  a  separate  book  a  record  of  all 


SCHOOL    LAW    OF    INDIANA.  451 

sums  received  from  such  fines  and  forfeitures,  the  amount 
of  each  and  from  whom  and  when  received.  It  shall  be  the 
duty  of  the  clerk  of  every  court  possessing  criminal  juris- 
diction, and  of  every  justice  of  the  peace,  mayor  or  city 
judge  who  assesses  fines,  to  make  report  forthwith  to  the 
auditor  of  state  of  any  and  all  fines  assessed  in  such  courts 
or  l»y  such  justices  of  the  peace,  mayors  or  city  judges  for 
violation  of  tl\e  criminal  statutes  of  the  State  of  Indiana, 
and  upon  payment  of  any  such  fines  forthwith  to  report  such 
payment  to  the  auditor  of  state,  and  it  shall  be  the  duty  of 
such  officers  immediately  upon  the  occurrence  thereof,  to 
report  to  the  auditor  of  state  the  forfeiture  of  all  bonds  and 
recognizances  in  which  the  principals  have  defaulted,  and 
for  the  purpose  of  making  such  report  a  forfeiture  shall  be 
deemed  to  have  occurred  whenever  and  as  soon  as  the  prin- 
cipal in  said  bond  or  recognizance  shall  have  defaulted 
therein,  and  upon  payment  of  any  such  forfeiture  the  same 
shall  he  by  such  officer  reported  forthwith  to  the  auditor  of 
.state,  and  it  shall  be  the  duty  of  the  auditor  of  state  to  keep 
i\u  account  of  all  such  fines  and  forfeitures  and  payments 
thereof  and  to  charge  such  officers  therewith  as  debtors  to 
the  common  school  fund  immediately  upon  the  report  of 
payment  thereof.  The  examination  in  this  act  provided  for 
shall  extend  to  the  offices  of  justice  of  the  peace  and  all 
ii  ayors  and  city  judges  who  collect  and  receive  such  fines 
and  forfeitures.  The  expense  of  such  examinations  shall  be 
paid  for  by  the  township  in  and  for  which  such  person  is 
justice  of  the  peace,  or  by  the  city  or  town  for  which  such 
person  is  mayor  or  judge,  as  the  case  may  be,  and  as  pro- 
vided in  section  14  of  this  act.  Any  public  officer  who  shall 
violate  any  of  the  provisions  of  sections  11  and  12  of  this 
net  or  fails  to  comply  therewith  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dol- 
lars, and  shall  forfeit  and  be  removed  from  his  office  as  now 
or  hereafter  provided  by  law. 

838.     Audit  of  bills— Warrant— Quietus.    13.    It  shall  be 
the  duty  of  every  officer  having  authority  to  draw  the  war- 


452  BciiooL  LAW  OK  INDIANA. 

rant  of  the  state  or  of  any  municipality  referred  to  in  this 
act  in  disbursing  its  funds,  or  who  has  authority  to  execute 
the  receipt  and  quietus  of  the  state  or  of  such  municipality 
in  settlement  with  public  officers  or  with  debtors,  before 
presenting  the  same  for  allowance  to  the  board  or  other  au- 
thority required  to  pass  upon  the  same,  to  make  an  exami- 
ntion  of  all  claims  as  to  their  form,  the  authentication  there- 
of as  required  by  law,  whether  they  are  based  upon  contract 
or  statutory  authority,  and  as  to  their  apparent  correctness, 
and  upon  presenting  the  same  to  file  therewith  his  certifi- 
cate in  writing  as  to  such  matters  in  respect  to  each  and  all 
of  such  claims;  and  where  the  authority  to  pass  upon  and 
allow  such  claim  is  lodged  in  such  officer,  he  shall,  before 
drawing  a  warrant  therefor,  certify  to  the  correctness  there- 
of over  his  official  signature,  and  it  shall  be  his  duty  before 
issuing  the  receipt  or  quietus  of  the  state  or  municipality  to 
any  debtor  or  any  officer  making  settlement  with  the  state 
or  municipality  to  examine  the  report,  account  or  settle- 
ment sheet  upon  which  settlement  is  made,  and  to  require 
of  such  debtor  or  officer,  or  to  otherwise  secure  all  such  in- 
formation, accounts,  vouchers  or  exhibits  as  shall  be  neces- 
sary to  satisfy  such  officer  issuing  such  receipt  or  quietus  of 
the  correctness  of  such  report,  account  or  settlement  sheet, 
and  to  certify  thereon  that  he  has  made  such  examination 
and  is  satisfied  as  to  its  correctness,  and  no  such  warrant  or 
quietus  shall  be  issued  by  any  such  officer  until  such  certifi- 
cates shall  have  been  executed  and  filed  with  such  claim,  re- 
port, account  or  settlement  sheet. 

839.  Expense  of  examinations — How  paid.  14.  The  ex- 
pense of  examination  and  investigation  of  public  accounts, 
provided  for  herein,  shall  be  paid  by  each  municipality  for 
the  examination  and  investigation  of  its  accounts,  including 
those  of  its  public  service  industries,  and  when  any  field  ex- 
aminer shall  file  with  the  state  examiner  his  voucher  in  form 
prescribed  by  law  relating  to  state  expenditures,  the  state 
examiner,  if  he  approve  the  same,  is  hereby  authorized  and 
empowered  to  certify  the  expense  of  such  examination  and 
investigation  to  the  auditor  of  the  county  in  which  such 


M'HOOL    LAW    OF    INDIANA.  45.'] 

municipality  is  situate,  who  shall  forthwith  and  without  any 
appropriation  being  made  therefor,  issue  his  warrant  for  the 
amount  stated  in  such  certificate  on  the  county  treasurer, 
payable  to  the  person  named  in  such  certificate,  out  of  the 
general  fund  of  the  county,  said  fund,  except  as  to  expense 
for  examining  and  investigating  the  financial  affairs  of  the 
county  and  its  offices  and  officers,  to  be  reimbursed  by  the 
county  auditor  out  of  the  moneys  due  such  municipality  at 
the  next  semi-annual  settlement  of  the  collection  of  taxes,  in 
case  of  school  corporations  the  same  to  be  deducted  from 
the  special  school  fund.  In  the  event  the  county  to  whom 
such  claim  may  be  made  shall  not  have  possession  or  col- 
lection of  funds  due  or  to  be  due  to  any  municipality  the  af- 
fairs of  which  are  examined,  then  such  certificates  shall  be 
filed  with,  and  such  warrant  shall  be  drawn  by  the  disburs- 
ing officer  of  such  municipality  having  authority  to  draw 
warrants  upon  its  funds,  and  said  warrant  shall  be  paid 
forthwith  without  any  appropriation  being  made  therefor. 
In  case  it  shall  be  necessary  to  employ  such  field  examiners 
in  the  investigation  of  state  offices  or  state  institutions  then 
such  certificate  of  expense  shall  be  made  to  the  auditor  of 
the  State  of  Indiana,  who  shall  draw  the  warrant  of  the  state 
to  cover  the  same,  which  warrant  shall  be  paid  out  of  funds 
not  otherwise  appropriated. 

840.  Traveling  expenses.    15.    The  necessary  traveling 
expenses  of  the  state  examiner  and  his  deputies  when  en- 
gaged in  the  business  of  the  state,  shall,  when  approved  by 
the   governor  and   duly  itemized   and   accompanied   with 
vouchers,  as  required  by  the  law  relating  to  state  expendi- 
tures, be  paid  out  of  moneys  not  otherwise  appropriated. 

841.  Bonds  required.    16.    The  officers  provided  for  by 
this  act  shall  each  give  bond  for  the  faithful  performance  of 
his  duties,  as  follows:     The  state  examiner  in  the  sum  of 
five  thousand  dollars,  to  be  approved  by  the  governor;  each 
deputy  examiner  in  the  sum  of  three  thousand  dollars,  to  be 
approved  by  the  governor;  and  each  field  examiner  in  the 
sum  of  one  thousand  dollars,  to  be  approved  by  the  state 
examiner. 


454 


SCHOOL    LAW    OF    INDIANA. 


842.  Definitions.    17.    The  term  ' '  municipality, ' '  as  used 
in  this  act,  shall  be  construed  to  extend  to,  include  and  mean 
any  county,  township,  city,  town,  school  town,  school  town- 
ship, or  school  city  in  this  state.    The  term  "public  office/' 
as  used  in  this  act,  shall  be  construed  to  extend  to,  include 
and  mean  the  office  of  any  and  every  person  who  for  or  on 
behalf  of  the  state  or  any  municipality  or  any  public  service 
industry,  holds,  receives,  disburses  or  keeps  the  accounts  of 
the  receipts  and  disbursements  of  any  public  funds.     The 
term  ' i  public  officer, ' '  as  used  in  this  act,  shall  be  construed 
to  extend  to,  include  and  mean  any  person  who  holds,  re- 
ceives, disburses  or  is  required  by  law  to  keep  any  account 
of  public  funds.    The  term  l  i  public  institution, ' '  as  used  in 
this  act,  shall  be  construed, to  extend  to,  include  and  mean 
any  institution  or  public  service  industry  maintained  in 
whole  or  in  part  at  public  expense  or  supported  in  whole 
or  in  part  by  appropriations  or  public  funds  or  by  taxation. 
The  term  "public  service  industries, "  as  used  in  this  act, 
shall  be  construed  to  extend  to,  include  and  mean  any  and 
all  public  service  industries  owned  either  directly  by  the 
municipality  or  to  the  support  of  which  the  municipality 
contributes  from  public  funds,  or  the  capital  stock  of  which 
the  municipality  may  be  the  owner  of  any  part,  or  the  bonds 
of  which  may  be  owned  or  guaranteed  by  the  municipality. 

843.  Bribe — Offer  or  acceptance — Penalty.    18.    If  any 
person  shall  give  or  offer  to  any  state  examiner,  deputy  ex- 
aminer, field  examiner,  clerk  or  other  employe  of  the  depart- 
ment of  inspection  and  supervision  of  public  offices,  any 
money,  gift,  emolument,  compensation  or  thing  of  value  in 
order  to  influence  the  action  of  such  examiner  or  other  per- 
son in  any  matter  pending  in  said  department  or  in  the  mat- 
ter of  the  examination  of  any  public  account,  or  for  the  pur- 
pose of  preventing  or  delaying  the  examination  of  any  pub- 
lic account  or  for  the  purpose  of  influencing  the  action  of 
such  examiner  or  other  person  in  framing,  changing,  with- 
holding or  delaying  any  report  of  any  examination  of  any 
public  account,  he  shall,  upon  conviction  thereof,  be  fined  in 
any  sum  not  more  than  five  thousand  dollars  or  shall  be  im 


SCHOOL    LAW    OF    INDIANA.  455 

prisoned  in  the  state  prison  for  not  less  than  one  year  nor 
more  than  fourteen  years,  or  both,  and  any  state  examiner, 
deputy  examiner,  field  examiner,  clerk  or  other  employe  of 
the  department  of  inspection  and  supervision  of  public 
offices  who  shall  receive  or  solicit  any  money,  gift,  emolu- 
ment, compensation  or  thing  of  value  for  the  purpose  of  be- 
ing influenced  in  any  matter  pending  in  said  department  or 
in  the  matter  of  the  examination  of  any  public  account,  or 
for  the  purpose  of  being  influenced  to  prevent  or  delay  the 
examination  of  any  public  account  or  for  the  purpose  of  be- 
ing influenced  to  change,  delay  or  withhold  any  report  of 
the  examination  of  any  public  account,  shall,  upon  convic- 
tion thereof,  be  fined  in  any  sum  not  more  than  five  thousand 
dollars,  or  shall  be  imprisoned  in  the  state  prison  for  not 
less  than  one  year  nor  more  than  fourteen  years,  or  both. 
For  the  purpose  of  this  section  the  term  ''public  account" 
shall  be  construed  to  extend  to,  include  and  mean  any  ac- 
count, the  examination  of  which  is  provided  for  in  this  act. 

844.  Examinations  without  notice — Penalty.     19.     All 
examinations  provided  for  in  this  act  or  made  under  or  pur- 
suant to  the  provisions  of  this  act  shall  be  made  without 
notice  to  the  officers  whose  accounts  are  to  be  examined,  and 
without  notice  to  any  clerk,  deputy,  employe  or  other  per- 
son employed  in  or  connected  with  the  office  or  the  business 
of  such  officer,  and  any  person  who  shall  give  or  cause  to  be 
given  directly  or  indirectly  any  notice  or  knowledge  of  any 
proposed  examination  of  any  public  account  to  the  officer  in 
charge  of  such  account  or  to  any  other  person  other  than  as 
such  notice  or  knowledge  shall  be  communicated  as  between 
the  state  examiner,  deputy  examiners  and  field  examiners, 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  ex- 
ceeding five  hundred  dollars,  or  shall  be  imprisoned  in  the 
county  jail  for  not  less  than  six  months,  or  both. 

845.  Books,  records  and  forms.    20.    No  system  for  uni- 
form bookkeeping  or  any  book,  record  or  form  which  may 
hereafter  adopted  shall  be  copyrighted  unless  it  shall  be 
deemed  expedient  by  the  governor  that  a  copyright  be  pro- 


45()  SCHOOL     LAW    OF     INDIANA. 

cured  in  the  name  of  the  state;  and,  if  any  such  copyright 
be  procured,  the  acceptance  by  the  state  or  by  any  munici- 
pality of  any  bid  for  printed  supplies  of  any  sort  shall 
operate  as  a  license  from  the  state  to  the  successful  bidder 
to  manufacture  any  such  copyrighted  books,  records  or 
forms  included  in  such  bid  for  public  use  without  payment 
of  royalty.  All  public  books,  records  and  stationery  used 
in  the  offices  for  which  examination  is  provided  in  this  act, 
shall  be  purchased  by  the  state,  municipality  or  institution 
after  the  manner  now  provided  by  law. 

846.  When  act  in  effect.    21.    The  uniform  system  of  ac- 
counting and  reporting  and  inspection  provided  therefor 
shall  be  installed  as  far  as  possible  in  all  the  offices  referred 
to  in  this  act,  at  the  beginning  of  the  next  fiscal  year  of  the 
municipality  subsequent  to  the  taking  effect  of  this  act.    The 
examination  provided  for  in  this  act  under  authority  of  the 
state  examiner  shall  not  extend  back  more  than  one  year 
prior  to  the  beginning  of  such  fiscal  year  except  on  authority 
of  the  governor. 

847.  Officers— Duties  as  to  books,  etc.— Penalty.    22.    It 
is  hereby  made  the  duty  of  the  various  officers  of  the  state 
and  its  institutions  and  municipalities  to  adopt  and  use  the 
books,  forms,  records  and  systems  of  accounting  and  report- 
ing that  shall  be  adopted  by  the  board  of  accounts,  when  di- 
rected so  to  do  by  said  board,  and  all  forms,  books,  and  rec 
ords  necessary  thereto  shall  be  purchased  by  said  officers 
and  in  the  manner  now  provided  by  law.    Any  officer  or  per- 
son who  shall  refuse  to  provide  such  books,  forms,  or  rec- 
ords, or  who  shall  fail  or  refuse  to  use  them,  or  who  shall 
fail  or  refuse  to  keep  the  accounts  of  his  office  as  directed 
by  said  board  as  provided  herein,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  fined  not  less  than  one 
hundred  ($100)  dollars  and  removed  from  such  office. 

848.  Repeal.    23.    All  laws  and  parts  of  laws  in  conflict 
with  this  act  are  hereby  repealed  to  the  extent  of  such  con- 
flict; provided,  that  the  provisions  of  this  act  shall  not  be 


SCHOOL    LAW    Of    INDIANA.  457 

construed  to  relieve  any  officer  of  any  duties  now  required 
by  law  of  him  with  relation  to  the  auditing  of  public  ac- 
counts or  the  disbursement  of  public  funds,  but  the  provi- 
sions of  this  act  shall  be  construed  to  be  supplemental  to  all 
existing  provisions  of  law  safe-guarding  the  care  and  dis- 
bursement of  public  funds:  And,  provided  further,  That 
the  provisions  of  this  act  shall  not  be  construed  to  limit  or 
curtail  the  power  of  the  governor  of  the  state,  under  exist- 
ing laws,  to  make  examination  or  investigation  of  any  pub- 
lic office  or  to  require  reports  therefrom. 

[1911,  p.  195.    Approved  March  3,  191U] 

849.  Field  examiners — Appointment — Duty — Compensa- 
tion.    1.     The  state  examiner  shall  appoint  assistants  not 
exceeding  such  number  as  in  the  judgment  of  the  governor, 
the  auditor  and  the  state  examiner  may  be  required  to  ad- 
minister the  provisions  of  an  act  entitled  "An  act  concern- 
ing public  accounting  and  reporting  and  supervision  there- 
of, and  providing  penalties  for  violation  of  this  act,"  ap- 
proved March  4,  1909.    Such  assistants  shall  be  known  as 
"field  examiners"  and  shall  at  all  times  be  subject  to  the 
order  and  direction  of  the  state  examiner  and  shall  be 
charged  with  the  duty  of  inspecting  and  examining  accounts 
of  any  officer,  ex-officer,  institution  or  municipality.    Such 
field  examiners  shall  be  paid  the  sum  of  eight  dollars  per 
day  for  each  day  actually  employed,  and  one  railroad  fare 
each  way  between  their  respective  homes  and  the  place  of 
examination.    A  day  under  the  provision  of  this  act  shall 
mean  a  period  of  eight  hours  of  actual  service  rendered  in 
the  inspection  or  examination  of  the  accounts  of  any  officer, 
ex-officer,  institution  or  municipality  and  no  allowance  shall 
be  made  for  the  time  in  traveling  to  and  from  the  place  of 
examination.    No  field  examiner  shall  receive  more  than  one 
per  diem  for  work  performed  in  any  one  day,  and  no  other 
allowance  shall  be  made  to  such  field  examiners  other  than 
that  provided  herein. 

850.  Reports  of  examinations — Transmission  to  Attor- 
ney-General.   2.    That  on  and  after  the  taking  effect  of  this 


458  SCHOOL    LAW    OF    INDIANA. 

aet,  whenever  the  state  examiner,  under  the  act  approved 
March  4,  1909,  entitled  "An  act  concerning  public  account- 
ing and  reporting  and  supervision  thereof,  and  providing 
penalties  for  violations  of  this  act,"  shall  have  placed  with 
the  governor  a  report  of  the  examination  of  the  accounts  or 
financial  affairs  of  any  public  office,  officer,  ex-officer,  mu- 
nicipality or  institution  in  this  state,  showing  malfeasance, 
misfeasance  or  non-feasance  in  any  office  on  the  part  of  any 
officer  or  employe,  the  governor  shall  transmit  such  report 
to  the  attorney-general  of  the  State  of  Indiana. 

851.  Prosecutions — By  whom  conducted.    3.    Upon  re 
ceipt  of  such  report  by  the  attorney-general,  if  the  same 
have  reference  to  any  state  office,  officer,  ex-officer  or  state 
institution,  he  shall  institute  and  prosecute  in  the  name  of 
the  State  of  Indiana  as  plaintiff,  or  in  its  name  upon  his  re- 
lation, all  such  civil  actions  against  such  delinquent  officer, 
or  upon  his  bond  or  bonds,  or  both,  which  will  secure  to  the 
state  the  recovery  and  return  of  any  and  all  funds  or  prop- 
erty diverted,  misappropriated  or  unaccounted  for,  and  he 
shall  bring  such  suit  whenever  the  State  of  Indiana  has  any 
interest  therein.    If  such  report  have  reference  to  a  public 
office,  officer,  ex-officer,  municipality  or  institution,  other 
than  a  state  office,  officer,  ex-officer  or  institution,  then  the 
attorney-general  shall  transmit  such  report  to  the  prosecut- 
ing attorney  of  the  circuit  in  which  such  office,  officer,  ex- 
officer,  municipality  or  institution  is  situated. 

852.  Prosecuting  attorney — Duties.    4.    Upon  receipt  of 
such  report  by  a  prosecuting  attorney,  he  shall,  within  thirty 
(30)  days  thereafter,  institute  and  prosecute  to  final  termi- 
nation, all  such  civil  actions  against  the  delinquent  officer  or 
ex-officer  or  upon  his  official  bond  or  bonds,  or  both,  which 
will  secure  to  the  proper  municipality  the  recovery  of  any 
and  all  funds  misappropriated,  diverted  or  unaccounted  for, 
and  the  attorney-general  of  this  state  is  charged  with  the 
duty  of  seeing  that  such  prosecuting  attorney  does  institute 
and  prosecute  to  final  termination,  all  such  actions,  and  it 
is  made  his  duty  in  the  event  of  neglect  or  delay,  or  upon  the 


SCHOOL    LAW    OF    INDIANA.  459 

order  of  the  governor,  to  appear  and  assist  in  such  prosecu- 
tion. And  when  he  appears,  the  attorney- general  may  take 
full  control  and  management  of  the  case,  and  take  all  steps 
therein  that  might  be  taken  by  a  plaintiff  or  relator.  Such 
prosecuting  attorney  shall  report  to  the  attorney-general 
the  progress  made  in  such  prosecution  and  of  its  final  de- 
termination in  court.  It  is  further  provided  that  the  gover- 
nor may  direct  the  prosecuting  attorney  to  institute  action 
at  once,  or  if  the  governor  direct  him  to  delay  instituting 
such  action,  he  shall  so  delay  until  such  time  as  the  gover- 
nor shall  direct  him  to  proceed,  and  the  governor's  orders 
shall  be  sufficient  excuse  from  the  prosecuting  attorney  to 
the  attorney-general  for  his  failure  to  proceed. 

853.  Plaintiffs  in  prosecutions — Judgment.  5.  The  plain- 
tiff, or  in  case  of  an  action  on  official  bond  or  bonds  the  re- 
lator, in  whose  name  the  prosecuting  attorney  shall  prose- 
cute actions  required  by  this  act,  shall  be  the  corporate  name 
of  the  municipality  whose  funds  have  been  diverted,  mis- 
appropriated, or  unaccounted  for.  In  an  action  against  a 
township  trustee,  or  ex-township  trustee  or  upon  his  official 
bond,  both  the  civil  and  school  corporations  may  be  named 
ns  plaintiff  or  relator  in  the  same  action,  and  recovery  shall 
be  had  for  the  aggregate  amount  due  both  corporations,  but 
!he  court  or  jury  trying  the  cause  shall  in  the  finding  or  ver- 
dict, state  the  amount  due  each  corporation.  In  an  action 
where  a  board  of  commissioners  is  plaintiff  or  relator,  the 
plaintiff  shall  be  entitled  to  recover  against  the  delinquent 
officer,  or  ex-officer  or  upon  his  official  bond  or  bonds,  all 
such  amounts  as  would  be  recoverable  uno!er  the  laws  of 
this  state,  other  than  this  act,  in  any  or  all  actions  by  or 
upon  the  relation  of  the  board  of  commissioners  or  by  or 
upon  the  relation  of  any  county  officer  or  other  person  au- 
thorized to  sue  for  or  on  behalf  of  the  county  for  its  funds 
or  for  any  funds  of  which  it  is  the  custodian  and  with  which 
it  is  chargeable;  and  in  case  any  part  of  the  funds  so  recov- 
ered is  school  funds,  the  court  or  jury  trying  the  cause  shall 
find  and  state  the  amount  thereof.  In  any  action  provided 
for  in  this  act,  the  plaintff  shall  be  entitled  to  recover,  in 


460 


SCHOOL     LAW    OF    INDIANA. 


addition  to  the  amount  misappropriated,  diverted  or  unac- 
counted for,  all  such  penalties  and  interest  as  might  he  re- 
coverable under  laws  other  than  this  act. 

854.  Pending    actions — Prosecutor's    duties.      6.      The 
prosecuting  attorney  of  each  judicial  circuit  shall,  upon  the 
taking  effect  of  this  act,  take  charge  of  and  prosecute  all 
actions  which  may  then  he  pending  in  any  of  the  trial  courts 
of  this  state,  to  recover  in  favor  of  any  municipality  in  his 
circuit,   funds   diverted,  misappropriated   or  unaccounted 
for,  by  any  officer,  or  ex-officer  instituted  by  the  attorney- 
general  of  the  state  or  on  his  relation;  and  such  prosecuting 
attorney  shall  keep  the  attorney-general  advised  of  the  prog- 
ress of  said  suits  as  in  section  4  of  this  act  provided;  and 
it  shall  be  the  duty  of  the  attorney-general,  upon  his  own 
motion,  or  upon  order  of  the  governor,  to  enter  his  appear- 
ance and  assist  in  said  prosecution,  if  the  same  be  un- 
reasonably delayed,  and  may  take  full  management  and 
control  thereof  as  provided  in  section  4  hereof. 

855.  Prosecutor's  fees.     7.     For  the  services  rendered 
by  any  prosecuting  attorney  in  any  cause,  as  required  in 
this  act,  there  shall  be  paid  to  him  out  of  the  funds  of  the 
municipality  on  whose  behalf  the  action  was  brought  and 
prosecuted,  other  than  school  funds,  a  sum  equal  to  ten  per 
cent.  (10%)  of  the  amount  recovered  and  collected,  if  the 
same   does  not   exceed   the   sum   of  five   hundred   dollars 
($500.00).    If  the  amount  recovered  and  collected  exceeds 
five  hundred  dollars  ($500.00),  then  he  shall  be  paid  in  ad- 
dition to  said  ten  per  cent.  (10%),  five  per  cent.  (5%)  of 
the  amount  recovered  in  excess  of  five  hundred  dollars 
($500.00)  up  to  fifteen  hundred  dollars  ($1,500.00),  and  two 
and  one-half  per  cent.  (2J%)  on  the  excess  over  fifteen  hun- 
dred dollars  ($1,500.00). 

856.  Compromise  by  prosecutor — Consent  of  examiners. 

8.  The  prosecuting  attorney,  by  and  with  the  consent  and 
approval  of  the  state  examiner  and  the  deputy  examiners, 
shall  have  power  to  compromise  and  adjust  any  action 


SCHOOL    LAW    OF    INDIANA.  461 

brought  by  him  as  required  in  this  act.  In  all  cases  where 
any  money  comes  into  his  hands  he  shall  immediately  pay 
the  same  into  the  treasury  of  the  municipality  to  which  it 
belongs,  and  to  distribute  the  same  among  the  proper  funds. 

857.  Findings  of  examiners — Notice — Hearing — Settle- 
ment— Publicity.  9.  When  an  examination,  as  provided  for 
by  the  act  of  the  general  assembly  of  1909,  above  mentioned, 
shall  have  been  made,  which  discloses  malfeasance,  misfeas- 
ance, or  non-feasance  upon  the  part  of  any  officer  or  ex-offi- 
cer or  employe,  four  (4)  copies  of  the  report  of  such  exam- 
ination, duly  verified,  shall  be  filed  in  the  office  of  the  state 
examiner.  The  contents  of  such  report  or  results  of  such 
examination,  shall  not  be  made  public  earlier  than  thirty 
(30)  days  after  the  notice  provided  for  in  this  section.  Upon 
the  filing  of  such  copies  of  such  report  in  the  office  of  the 
state  examiner,  he  shall  give  notice  thereof  to  the  officer  or 
ex-officer  shown  therein  to  be  delinquent,  to  which  notice 
shall  be  attached  a  copy  of  such  report.  It  shall  be  a  suffi- 
cient giving  of  such  notice  if  the  same  be  mailed  in  the 
United  States  mail  by  registered  mail,  properly  stamped 
and  addressed  to  the  postoffice  address  of  the  officer  or  ex- 
officer.  After  such  notice,  the  state  examiner  shall  give 
such  officer  or  ex-officer  an  opportunity  at  such  time  and 
place  as  the  state  examiner  may  fix  within  such  thirty  (30) 
days,  to  go  over  such  report  with  the  examiners  and  make 
explanations  of  matters  therein,  and  adjust  and  correct  the 
same  in  any  particular  or  particulars  in  which  it  may  be 
found  erroneous;  and  in  the  event  the  state  examiner  and 
the  two  deputy  examiners,  or  any  two  of  them,  shall  agree 
with  the  officer  or  ex-officer  upon  the  amount  of  money  that 
said  officer  or  ex-officer  is  actually  indebted  to  such  town- 
ship, county,  state,  municipality  or  institution,  then  said 
examiners  are  hereby  authorized  to  make  settlement  with 
such  officer  or  ex-officer,  and  then  such  officer  or  ex-officer 
shall  within  thirty  (30)  days  thereafter,  pay  to  said  exam- 
iners the  amount  of  money  agreed  upon,  and  the  said  ex- 
aminers shall  within  thirty  (30)  days,  pay  the  same  into 
the  proper  funds  of  the  municipality  to  which  it  belongs. 


462 


SCHOOL    LAW    OF    INDIANA. 


If  within  such  thirty  (30)  days  thereafter  such  officer  or  ex- 
officer  shall  pay  or  cause  to  be  paid  to  such  examiners  the 
amount  of  his  delinquency  agreed  upon,  if  any,  such  report 
shall  not  be  made  public,  except  upon  order  of  the  state 
board  of  accounts;  but  shall  remain  on  file  in  the  office  of 
the  state  examiner,  unless  the  state  board  of  accounts  or- 
ders copies  filed  in  the  office  examined,  and  with  the  audit- 
ing board  of  the  municipality  whose  office  was  examined,  in 
which  case  they  shall  be  so  filed.  On  the  other  hand,  if 
such  delinquency  shall  not  be  so  paid,  within  such  thirty 
(30)  days,  then  one  copy  of  such  report  shall  by  the  state 
examiner  be  filed  in  the  office  of  the  institution  examined, 
one  copy  with  the  auditing  department  of  the  municipality 
examined,  and  one  with  the  governor,  to  be  by  him  trans- 
mitted to  the  attorney-general  or  prosecuting  attorney  and 
proceeded  upon  as  above  provided  in  this  act.  If  any  of 
the  examiners,  or  field  examiners,  make  known  or  give  out 
for  publication,  the  contents  of  any  examination  of  any  offi- 
cer or  ex-officer  otherwise  than  is  provided  in  this  act,  he 
shall  be  removed  from  office. 

858.  Trial — Sole  question — Evidence.  10.  In  cases  in- 
stituted or  prosecuted  by  the  attorney- general  or  by  the 
prosecuting  attorney,  as  provided  for  in  this  act,  it  shall  not 
be  necessary  for  the  plaintiff  to  allege  or  to  prove,  on  the 
trial,  that  the  report  of  the  examiner  involved  has  been 
transmitted  by  the  governor  to  the  attorney-general  or  the 
prosecuting  attorney,  as  the  case  may  be,  or  that  any  step 
touching  such  examination  or  report  thereof,  previous  to 
such  transmission  has  been  taken;  neither  shall  the  fact 
that  such  transmission  has  not  taken  place,  or  that  any 
other  step  has  not  taken  place  which,  under  the  provisions 
of  this  act  or  any  other  law  should  have  taken  place,  touch- 
ing such  report  or  examination,  constitute  a  defense  to  the 
action  or  a  cause  for  abatement  thereof.  On  such  a  trial 
the  sole  question  shall  be  the  status  of  the  accounts  between 
the  parties  litigant,  and  their  rights  under  the  law,  re- 
gardless of  what  steps  have  been  previously  taken  or 
omitted  in  the  premises:  Provided,  however,  That  no  suit 


SCHOOL    LAW    OF    INDIANA.  463 

shall  be  instituted  against  any  officer  or  ex-officer  until  the 
expiration  of  the  time  for  service  of  notice,  and  the  time 
given  to  pay  delinquency,  if  any:  And,  provided  further, 
That  in  any  suit  so  brought,  the  reports  of  the  field  exam- 
iners shall  be  used  in  accordance  with  the  rules  of  evidence 
as  is  now  provided  in  other  civil  cases. 

859.  Remedies  cumulative.    11.    The  remedies  provided 
for  in  this  act  are  cumulative  and  this  act  shall  not  be  con- 
strued as  repealing  other  statutes  or  abridging  the  rights  of 
other  officers  to  sue  on  the  behalf  of  municipalities,  except 
to  the  extent  that  where  a  prosecuting  attorney  has  brought 
an  action  as  required  by  this  act,  no  other  action  shall  be 
brought  on  behalf  of  the  municipality  for  the  same  thing 
while  such  action  brought  by  the  prosecuting  attorney  is 
pending. 

860.  Appeal — Duties  of  attorney-general.     12.     In  all 
actions  brought  by  any  prosecuting  attorney,  under  the  pro- 
visions of  this  act,  which  may  be  appealed  to  the  supreme 
or  appellate  courts,  the  attorney-general  may,  and  upon  the 
order  of  the  governor,  shall,  appear  on  behalf  of  the  party 
who  was  the  plaintiff  in  such  action. 


464 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XXIX. 

TEACHERS'  INSTITUTES. 


SBC. 

861.  Township  institutes. 

862.  Teacher's  institutes— Expenses. 


863.  Schdols  closed. 

864.  Sessions. 


[1889,  p.  67.    Approved  March  2,  1889.] 

861.  Township  institutes.  9.  At  least  one  Saturday  in 
each  month  during  which  the  public  schools  may  be  in 
progress  shall  be  devoted  to  township  institutes,  or  model 
schools  for  the  improvement  of  teachers;  and  two  Satur- 
days may  be  appropriated,  at  the  discretion  of  the  township 
trustee  of  any  township.  Such  institute  shall  be  presided 
over  by  a  teacher,  or  other  person,  designated  by  the  trus- 
tee of  the  township.  The  township  trustee  shall  specify, 
in  a  written  contract  with  each  teacher,  that  such  teacher 
shall  attend  the  full  session  of  each  institute  contemplated 
herein,  or  forfeit  one  day's  wages  for  every  day's  absence 
therefrom,  unless  such  absence  shall  be  occasioned  by  sick- 
ness, or  such  other  reason  as  may  be  approved  by  the  town- 
ship trustee,  and  for  each  day's  attendance  at  such  institute 
each  teacher  shall  receive,  the  same  wages  as  for  one  day 's 
teaching:  Provided,  That  no  teacher  shall  receive  such 
wages  unless  he  or  she  shall  attend  the  full  session  of  such 
institute  and  perform  the  duty  or  duties  assigned.  (R.  S.. 

1908,  §6637.) 

1.  A  trustee  failing  to  comply  with  the  above  is  subject  to  prosecu- 
tion and  removal  from  office. 

2.  TEACHERS  MUST  TAKE  PART.     The  object  of  this  institute  is  the  im- 
provement of  the  teachers  of  the  township.     It  seems  to  me  that  all  the 
powers  necessary  to  carry  out  tfris.  object  are  by  commo'n  law  conferred 
upon  the  persons  managing  the  institute.    The  object  of  the  institute  will 
utterly  fail  unless  the  teachers  attending  take  part  in  the  exercises.     I 
think,  therefore,  the  contract  which  the  trustee  makes  with  the  teachers,  in 
relation  to  township  institutes,  necessarily  requires  the  teachers  to  per- 
form such  reasonable  exercises  and  duties  as  may  be  assigned- to  them. 
Indeed,  the  statute  provides  that  the  trustee  may  designate  one  of  the 


S(U()OL     LAW    OF    INDIANA.  465 

teachers  to  preside  over  the  township  institute.  I  am  of  the  opinion  that 
the  mere  presence  of  a  teacher  at  a  township  institute  does  not  fill  the  re- 
quirements of  the  law. 

LICENSE  MAY  BE  REVOKED  FOB  FAILURE  TO  ATTEND  INSTITUTE.  Teachers 
are  required  to  attend  township  institutes,  and  for  neglect  thereof  their 
licenses  may  be  revoked.  Stone  v.  Fritts,  169  Ind.  361. 

11907,  p.  76.    Approved  February  25.  1907.] 

862.  Teachers'  institutes — Expenses.     1.     There  shall 
be  Jield  in  each  county  in  Indiana,  in  each  year,  for  five 
successive  days,  a  teachers'  institute,  and  that  for  the  pur- 
pose of  defraying  the  expenses  of  such  institute  the  county 
auditor  shall  annually  draw  his  warrant  in  favor  of  the 
county  superintendent  on  the  county  treasurer  for  $100.00. 
All  laws  and  parts  of  laws  in  conflict  herewith  are.  hereby 
repealed.     (E.  S.  1908,  §6641.) 

1.  SUPERINTENDENT'S  DUTY  AND  PAY.  Such  an  institute  as  is  contem- 
plated by  the  law  is  not  a  voluntary  association,  but  a  teachers'  meeting, 
at  the  head  of  which  is  the  county  superintendent.  He,  therefore,  has  no 
right  to  surrender  it  into  the  hands  of  an  incompetent  director,  nor  to 
permit  a  course  of  procedure  by  any  one,  or  by  the  institute  itself,  by 
which  time  shall  be  wasted  or  unsatisfactory  work  done.  The  teachers 
are  there  to  be  instructed,  and  the  superintendent  must  necessarily  take 
the  responsibility  of  the  institute  upon  himself.  The  money  which  the  audi- 
tor is  nuthori/ed  to  pay  is  to  defray  the  expenses  of  the  institute  exclu- 
sive of  the  per  diem  of  the  superintendent,  whose  compensation  must  be 
obtained  in  the  usual  way.  He  is  also  entitled  to  his  per  diem  for  rea- 
sonable services  in  making  preparations  for  the  institute. 

863.  Schools  closed.     160.    When  any  such  institute  is 
in  session,  the  common  schools  of  the  county  in  which  said 
institute  shall  be  held  shall  be  closed.     (E.  S.  1908,  §6639.; 

864.  Sessions.    161.    The  several  county  superintendents 
are  hereby  required,  as  a  part  of  their  duty,  to  hold,  or 
cause  to  be  held,  such  teachers'  institutes  at  least  once  in 
each  year  in  their  respective  counties.     (B.  S.  1908,  §6640.) 


[30—27277] 


466  SCHOOL     LAW    <)F    INDIANA. 

Suggested  forms : 

PETITION  TO  CHANGE  SITE  OF  SCHOOL  HOUSE. 

State  of  Indiana  1 
County  of  JS 

, .  Superintendent  of  Schools  for  said  county : 

The  undersigned,  who  are  residents  of  School  District 

No ....  of Township  of  said  County  and 

patrons  of  the  school  heretofore  and  hitherto  held  in  the 
school  house  of  said  School  District  No .  .  . . ,  herein  peti- 
tion and  ask  that  the  said  school  house  now  located  in 

in 

said  County  be  removed  to  and  located  upon  a  site 

in  said  County, 

and,  if  it  be  found  necessary  to  build  a  new  school  house  in 
•the  said  district,  that  it  be  located  upon  the  new  site  as  de- 
scribed above. 

As  reasons  for  the  change  of  site  of  this  school  hous?  in 
the  said  District  No ,  we  would  respectfully  state  that 


We  therefore  ask  that  an  order  be  made  authorizing  the 
school  trustee  of  said  township  to  make  the  change  herein 
proposed  and  as  above  described,  as  we  will  ever  pray. 


Township  Trustee. 
Patrons. 


SCHOOL    LAW     OF     IXDIANA.  467 


AFFIDAVIT  OF  TRUSTEE  CONCERNING  CONTENTS 

OF  PETITION  TO  CHANGE  SITE  OF 

SCHOOL  HOUSE. 

State  of  Indiana 
County 

of  lawful  age,  being  duly 

sworn,  on  his  oath  states  that  he  is  now  the  duly  and  legally 

qualified  and  acting  trustee  of 

Township  in  said  County  and  ex-officio  the  trustee  of  the 

M'liool  township  of  the  said Township; 

that  he  is  familiar  with  the  enumeration  of  the  children  of 
school  age  that  reside  within  the  limits  of  the  present 
School  District  No ....  ( .  . )  of  said  township  and  all  tho 
patrons  of  the  school  in  said  district,  and  he  states  that  the 
attached  and  foregoing  petition  for  the  change  in  the  loca- 
tion of  the  school  house  in  said  district  is  signed  by  a  ma- 
jority of  the  said  patrons  of  said  school  which  has  hitherto 
been  held  at  the  location  described  in  the  petition  and  the 
several  signatures  thereto  are  all  genuine,  and  the  said  pe- 
tition is  the  prayer  and  request  of  a  majority  of  said  pa- 
trons, and  further  saith  not. 


Township  Trustee. 

and  sworn  to  before  me  this day 

•f ,  A.  D.  19.. 


Notary  Public. 
My  commission  expires 


468  SCHOOL    LAW    OF    INDIANA. 

PUBLIC  NOTICE  OF  HEARING. 

Notice  is  hereby  given  that  a  petition  has  been  filed  with 

the  County  Superintendent  of  the  Public  Schools  of 

County,  State  of  Indiana,  praying  that 

the  present  site  of  the  school  house  in  District  No ....  ( .  . ) 

of Township  be  changed  to  a  site 

on in  said  township, 

county,  and  said  petition  will  be  presented  to  said 

County  Superintendent  at  his  office  on ,  191 .  . , 

at  . 


Trustee  of Township, County. 


AFFIDAVIT  OF  TRUSTEE  CONCERNING  POSTING 
OF  NOTICES. 

State  of  Indiana 
County 

,  upon  his  oath,  says  that  he 

posted  up  the  above  notice  in  writing  at  five  public  places 

within Township,  of  said  county,  three  of 

which  were  in  the  immediate  neighborhood  from  where  said 
school  house  is  to  be  moved,  at  least  twenty  days  prior  to 
the  time  when  the  same  is  to  be  heard  by  said  County  Super 
in  ten  dent. 


Trustee  of Township. 

Subscribed  and  sworn  to  before  me,  the  undersigned,  a 
Notarv  Public,  the .day  of ,  191 .. 


Notary  Public. 
My  commission  expires 


SCHOOL    LAW    OF    INDIANA.  469 


ORDER  OF  COUNTY  SUPERINTENDENT  FOR  CHANG- 
ING SITE  OF  SCHOOL  HOUSE. 

State  of  Indiana 
County 

To    Township  Trustee  of   Town- 
ship,   County,  State  of  Indiana: 

Whereas,  On  ,  19.  .,  a  petition  was  filed  in 

this  office  asking  that  the  school  house  in  District  No ....  of 

Township  be  removed  to  and  located  upon  the 

following  site: 


And,  Whereas,  After  hearing  evidence  in  the  above  cause 

at  my  office  on ,  19 .  . ,  at  the  hour  of , 

1  find  that  said  petition  is  in  proper  form,  that  legal  notice 
has  been  given,  that  a  majority  of  the  patrons  of  the  above 

named  School  District  No of   Township, 

County,  State  of  Indiana,  have  signed  said  pe- 
tition, together  with  the  trustee  of  said Town- 
ship, and  I  further  find  that  all  the  matters  set  forth  in  the 
said  petition  are  true.  Now,  therefore,  it  is  ordered  and  the 

trustee  of  said Township  is  hereby  instructed 

to  remove  said  school  house  from  its  present  site  to  the  loca- 
tion described  above ;  or,  if  it  be  found  necessary  to  erect  a 
new  school  house,  he  is  hereby  instructed  to  cause  the  same 
to  be  erected  upon  the  proposed  new  location  as  described 
above. 

Witness  my  hand  and  the  seal  of  this  office  this 

day  of ,  19.  . 


County  Superintendent  of  Schools  for County. 


APPENDIX 

CONSTITUTION  OF  THE  STATE  OF  INDIANA 

1851 


HISTORICAL  SKETCH 

By  an  act  of  congress,  dated  April  19,  1816,  the  inhabi- 
tants of  the  territory  of  Indiana  were  authorized  to  form 
for  themselves  a  constitution  and  state  government,  which 
state,  when  formed,  should  be  admitted  into  the  union  upon 
the  same  footing  with  the  original  states. 

Under  this  act,  the  members  of  the  convention  were 
elected  on  the  second  Monday  of  May,  1816,  met  in  conven- 
tion, at  Corydon,  on  the  second  Monday  of  June,  1816,  and 
proceeded  at  once  to  form  the  constitution,  by  the  authority 
of  congress,  without  an  ordinance  of  the  territory. 

The  constitution  was  completed  on  the  twenty-ninth  of 
June,  1816,  unanimously  adopted  by  the  members  of  the 
convention — forty-three  in  number,  and  signed  by  all  ex- 
cept one  member  from  Clark  county  and  one  member  from 
Warrick  county.  The  constitution  went  into  effect  upon  its 
adoption  by  the  members  of  the  convention  which  formed 
it.  The  first  session  of  the  general  assembly,  held  by  its 
authority,  met  at  Corydon  on  the  first  Monday  of  Novem- 
ber, 1816.  The  constitution  of  1816  remained  in  force, 
without  amendment,  until  the  first  day  of  November,  1851. 

An  act  was  passed  January  15,  1849,  "to  provide  for 
taking  the  sense  of  the  qualified  voters  of  the  state  on  the 
calling  of  a  convention  to  alter,  amend,  or  revise  the  con- 

(471) 


472  APPENDIX. 

stitution  of  this  state. "  At  an  election  held  under  author- 
ity of  this  act  a  large  majority  of  all  the  votes  cast  was  iii 
favor  of  holding  the  convention. 

On  the  18th  day  of  January,  1850,  the  legislature  passed 
an  act  to  provide  for  a  convention  of  the  people  of  the 
state  of  Indiana,  "to  revise,  amend,  or  alter  the  constitu- 
tion of  said  state."  By  the  authority  of  this  act  delegates 
were  elected.  They  assembled  in  convention  at  the  capitol, 
in  the  city  of  Indianapolis,  on  the  first  Monday  in  October, 
1850,  and  completed  their  labors  on  the  10th  day  of  Febru- 
ary, 1851.  This  constitution  was  ratified  by  the  votes  of 
the  people. 

The  first  amendment  to  this  constitution  was  ratified 
February  18,  1873,  and  related  to  the  Wabash  and  Erie 
canal.  Other  amendments  were  adopted  March  14,  1881. 


PREAMBLE. 

To  the  end  that  justice  be  established,  public  order  main- 
tained, and  liberty  perpetuated:  We,  the  people  of  the 
state  of  Indiana,  grateful  to  Almighty  God  for  the  free 
exercise  of  the  right  to  choose  our  own  form  of  govern- 
ment, do  ordain  this  constitution. 

ARTICLE   I. 

BILL   OF   BIGHTS.        • 

Section  1.  We  declare  that  all  men  are  created  equal; 
that  they  are  endowed  by  their  creator  with  certain  unalien- 
able  rights ;  that  among  these  are  life,  liberty,  and  the  pur- 
suit of  happiness ;  that  all  power  is  inherent  in  the  people ; 
and  that  all  free  governments  are,  and  of  right  ought  to 
be,  founded  on  their  authority,  and  instituted  for  their 
peace,  safety,  and  well  being.  For  the  advancement  of 
these  ends,  the  people  have  at  all  times  an  indefeasible  right 
to  alter  and  reform  their  government. 

Sec.  2.  All  men  shall  be  secured  in  their  natural  right 
to  worship  Almighty  God  according  to  the  dictates  of  their 
own  consciences. 


roXsTrrrrrox  OF  TTIK  STATE.  473 

Sec.  3.  No  law  shall,  in  any  case  whatever,  control  the 
free  exercise  and  enjoyment  of  religious  opinions,  or  inter- 
fere with  the  rights  of  conscience. 

Sec.  4.  No  preference  shall  be  given,  by  law,  to  any 
creed,  religious  society  or  mode  of  worship;  and  no  man 
shall  be  compelled  to  attend,  erect  or  support  any  place  of 
worship,  or  to  maintain  any  ministry  against  his  consent. 

Sec.  5.  No  religious  test  shall  be  required  as  a  qualifica- 
tion for  any  office  of  trust  or  profit. 

Sec.  6.  No  money  shall  be  drawn  from  the  treasury  for 
the  benefit  of  any  religious  or  theological  institution. 

Sec.  7.  No  person  shall  be  rendered  incompetent  as  a 
witness,  in  consequence  of  his  opinion  on  matters  of  re- 
ligion. 

Sec.  8.  The  mode  of  administering  an  oath  or  affirma- 
tion shall  be  such  as  may  be  most  consistent  with,  and  bind- 
ing upon,  the  conscience  of  the  person  to  whom  such  oath 
or  affirmation  may  be  administered. 

Sec.  9.  No  law  shall  be  passed  restraining  the  free  in- 
terchange of  thought  and  opinion,  or  restricting  the  right 
to  speak,  write,  or  print,  freely,  on  any  subject  whatever'; 
but  for  the  abuse  of  that  right  every  person  shall  be  re- 
sponsible. 

Sec.  10.  In  all  prosecutions  for  libel,  the  truth  of  the 
matters  alleged  to  be  libelous  may  be  given  in  justification. 

Sec.  11.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers  and  effects,  against  unreasonable 
search  or  seizure  shall  not  be  violated,  and  no  warrant  shall 
issue,  but  upon  probable  cause,  supported  by  oath  or  af- 
firmation, and  particularly  describing  the  place  to  be 
searched,  and  the  person  or  thing  to  be  seized. 

Sec.  12.  All  courts  shall  be  open;  and  every  man,  for 
injury  done  to  him,  in  his  person,  property  or  reputation, 
shall  have  remedy  by  due  course  of  law.  Justice  shall  be 
administered  freely  and  without  purchase;  completely,  and 
without  denial ;  speedily^  and  without  delay. 


474  APPENDIX. 

Sec.  13.  In  all  criminal  prosecutions  the  accused  shall 
have  the  right  to  a  public  trial,  by  an  impartial  jury  in  the 
county  in  which  the  offense  shall  have  been  committed;  to 
be  heard  by  himself  and  counsel ;  to  demand  the  nature  and 
cause  of  the  accusation  against  him,  and  to  have  a  copy 
thereof;  to  meet  the  witness  face  to  face,  and  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favor. 

Sec.  14.  No  person  shall  be  put  in  jeopardy  twice  for  the 
same  offense.  No  person,  in  any  criminal  prosecution,  shall 
be  compelled  to  testify  against  himself. 

Sec.  15.  No  person  arrested,  or  confined  in  jail,  shall  be 
treated  with  unnecessary  rigor. 

Sec.  16.  Excessive  bail  shall  not  be  required.  Exces- 
sive fines  shall  not  be  imposed.  Cruel  and  unusual  punish- 
ment shall  not  be  inflicted.  All  penalties  shall  be  propor- 
tioned to  the  nature  of  the  offense.. 

Sec.  17.  Offenses,  other  than  murder  or  treason,  shall 
be  bailable  by  sufficient  sureties.  Murder  or  treason  shall 
not  be  bailable  when  the  proof  is  evident,  or  the  presump- 
tion strong. 

Sec.  18.  The  penal  code  shall  be  founded  on  the  princi- 
ples of  reformation,  and  not  of  vindictive  justice. 

Sec.  19.  In  all  criminal  cases  whatever,  the  jury  shall 
have  the  right  to  determine  the  law  and  the  facts. 

Sec.  20.  In  all  civil  cases  the  right  of  trial  by  jury  shall 
remain  inviolate. 

Sec.  21.  No  man's  particular  services  shall  be  demanded 
without  just  compensation.  No  man's  property  shall  be 
taken  by  law  without  just  compensation ;  nor,  except  in  case 
of  the  state,  without  such  compensation  first  assessed  and 
tendered. 

Sec.  22.  The  privilege  of  the  debtor  to  enjoy  the  neces- 
sary comforts  of  life,  shall  be  recognized  by  wholesome 
laws,  exempting  a  reasonable  amount  of  property  from 
seizure  or  sale  for  the  payment  of  any  debt  or  liability 
hereafter  contracted;  and  there  shall  be  no  imprisonment 
for  debt,  except  in  case  of  fraud. 


CONSTITUTION    OF    THE    STATE.  475 

Sec.  23.  The  general  assembly  shall  not  grant  to  any 
citizen,  or  class  of  citizens,  privileges  or  immunities  which, 
upon  the  same  terms,  shall  not  equally  belong  to  all  citi- 
zens. 

Sec.  24.  No  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contract,  shall  ever  be  passed. 

Sec.  25.  No  law  shall  be  passed,  the  taking  effect  of 
which  shall  be  made  to  depend  upon  any  authority,  except 
as  provided  in  this  constitution. 

Sec.  26.  The  operation  of  the  laws  shall  never  be  sus- 
pended, except  by  the  authority  of  the  general  assembly. 

Sec.  27.  The  privileges  of  the  writ  of  habeas  corpus 
shall  not  be  suspended,  except  in  case  of  rebellion  or  inva- 
sion, and  then  only  if  the  public  safety  demand  it. 

Sec.  28.  Treason  against  the  state  shall  consist  only  in 
levying  war  against  it,  and  giving  aid  and  comfort  to  its 
enemies. 

Sec.  29.  No  person  shall  be  convicted  of  treason,  except 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
upon  his  confession  in  open  court. 

Sec.  30.  No  conviction  shall  work  corruption  of  blood  or 
forfeiture  of  estate. 

Sec.  31.  No  law  shall  restrain  any  of  the  inhabitants  of 
the  state  from  assembling  together,  in  a  peaceable  manner, 
to  consult  for  their  common  good;  nor  from  instructing 
their  representatives ;  nor  from  applying  to  the  general  as- 
sembly for  redress  of  grievances. 

Sec.  32.  The  people  shall  have  a  right  to  bear  arms  for 
the  defense  of  themselves  and  the  state. 

Sec.  33.  The  military  shall  be  kept  in  strict  subordina- 
tion to  the  civil  power. 

Sec.  34.  No  soidier  shall,  in  time  of  peace,  be  quartered 
in  any  house  without  the  consent  of  the  owner ;  nor  in  time 
of  war  but  in  a  manner  to  be  prescribed  by  law. 

Sec.  35.  The  general  assembly  shall  not  grant  any  title 
of  nobility,  nor  confer  hereditary  distinctions. 


476  APPENDIX. 

Sec.  36.  Emigration  from  the  state  shall  not  be  pro- 
hibited. 

Sec.  37.  There  shall  be  neither  slavery  nor  involuntary 
servitude,  within  the  state,  otherwise  than  for  the  punish- 
ment of  crime,  whereof  the  party  shall  have  been  duly  con- 
victed. No  indenture  of  any  negro  or  mulatto,  made  or 
executed  out  of  the  bounds  of  the  state,  shall  be  valid  within 
the  state. 

ARTICLE   II. 

SUFFRAGE    AND    ELECTION. 

Section  1.     All  elections  shall  be  free  and  equal. 

Sec.  2.  In  all  elections  not  otherwise  provided  for  by 
this  constitution,  every  male  citizen  of  the  United  States, 
of  the  age  of  twenty-one  years  and  upwards,  who  shall  have 
resided  in  the  state  during  the  six  months,  and  in  the  town- 
ship sixty  days,  and  in  the  ward  or  precinct  thirty  days  im- 
mediately preceding  such  election;  and  every  male  of  for- 
eign birth,  of  the  age  of  twenty-one  years  and  upwards, 
who  shall  have  resided  in  the  United  States  one  year,  and 
shall  have  resided  in  this  state  during  the  six  months,  and 
in  the  township  sixty  days,  and  in  the  ward  or  precinct 
thirty  days,  immediately  preceding  such  election,  and  shall 
have  declared  his  intention  to  become  a  citizen  of  the 
United  States,  conformably  to  the  laws  of  the  United  States 
on  the  subject  of  naturalization,  shall  be  entitled  to  vote 
in  the  township  or  precinct  where  he  may  reside,  if  he  shall 
have  been  duly  registered  according  to  law. 

.Sec.  3.  No  soldier,  seaman  or  marine,  in  the  army  or 
navy  of  the  United  States,  or  their  allies,  shall  be  deemed 
to  have  acquired  a  residence  in  this  state  in  consequence 
of  having  been  stationed  within  the  same;  nor  shall  any 
•such  soldier,  seaman  or  marine,  have  the  right  to  vote. 

Sec.  4.  No  person  shall  be  deemed  to  have  lost  his  resi- 
dence in  the  state  by  reason  of  his  absence  either  on  busi- 
,ness  of  the  state  or  of  the  United  States. 

:Sec.  5.  [Stricken  out  by  constitutional  amendment  of 
March  24,  1881.] 


CONSTITUTION    OF    THE    STATE.  477 

Sec.  G.  Every  person  shall  be  disqualified  from  holding- 
office  during  the  term  for  which  he  may  have  been  elected, 
who  shall  have  given  or  offered  a  bribe,  threat  or  reward 
to  procure  his  election. 

Sec.  7.  Every  person  who  shall  give  or  accept  a  chal- 
lenge to  fight  a  duel,  or  who  shall  knowingly  carry  to  an- 
other person  such  challenge,  or  who  shall  agree  to  go  out 
of  the  state  to  fight  a  duel,  shall  be  ineligible  to  any  office 
of  trust  or  profit. 

Sec.  8.  The  general  assembly  shall  have  power  to  de- 
prive" of  the  right  of  suffrage,  and  to  render  ineligible  any 
person  convicted  of  an  infamous  crime. 

Sec.  9.  No  person  holding  a  lucrative  office  or  appoint- 
ment-, under  the  United  States,  or  under  this  state,  shall  be 
eligible  to  a  seat  in  the  general  assembly;  nor  shall  any 
person  hold  more  than  one  lucrative  office  at  the  same  time, 
except  as  in  this  constitution  expressly  permitted:  Pro- 
vided, That  offices  in  the  militia,  to  which  there  is  attached 
no  annual  salary,  and  the  office  of  deputy'  postmaster, 
where  the  compensation  does  not  exceed  ninety  dollars  per 
annum,  shall  not  be  deemed  lucrative:  And  provided,  also, 
That  counties  containing  less  than  one  thousand  polls  may 
confer  the  office  of  clerk,  recorder  and  auditor,  or  any  two 
of  said  offices,  upon  the  same  person. 

Sec.  10.  No  person  who  may  hereafter  be  a  collector  or 
holder  of  public  moneys,  shall  be  eligible  to  any  office  of 
trust  or  profit  until  he  shall  have  accounted  for  and  paid 
over,  according  to  law,  all  sums  for  which  he  may  be  liable. 

Sec.  11.  In  all  cases  in  which  it  is  provided  that  an  office 
shall  not  be  filled  by  the  same  person  more  than  a  certain 
number  of  years  continuously,  an  appointment  pro  tempore 
shall  not  be  reckoned  a  part  of  that  term. 

Sec.  12.  In  all  cases,  except  treason,  felony  and  breach 
of  the  peace,  electors  shall  be  free  from  arrest  in  going  to 
elections,  during  their  attendance  there,  and  in  returning 
from  the  same. 


478  APPENDIX. 

Sec.  13.  All  elections  by  the  people  shall  be  by  ballot; 
and  all  elections  by  the  general  assembly,  or  by  either 
branch  thereof,  shall  be  viva  voce. 

Sec.  14.  All  general  elections  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November;  but  township 
elections  may  be  held  at  such  time  as  may  be  provided  by 
law:  Provided,  That  the  general  assembly  may  provide 
by  law  for  the  election  of  all  judges  of  courts  of  general 
or  appellate  jurisdiction,  by  an  election  to  be  held  for  such 
officers  only,  at  which  time  no  other  officer  shall  be  voted 
for;  and  shall  also  provide  for  the  registration  of  all  per- 
sons entitled  to  vote. 

ARTICLE  III. 

DISTRIBUTION     OF    POWERS. 

Section  1.  The  powers  of  the  government  are  divided 
into  three  separate  departments :  the  legislative,  the  execu- 
tive (including  the  administrative),  and  the  judicial;  and 
no  person  charged  with  official  duties  under  one  of  these 
departments  shall  exercise  any  of  the  functions  of  another 
except  as  in  this  constitution  expressly  provided. 

ARTICLE   IV. 

LEGISLATIVE. 

Section  1.  The  legislative  authority  of  the  state  shall  be 
vested  in  a  general  assembly,  which  shall  consist  of  a  sen- 
ate and  house  of  representatives.  The  style  of  every  law 
shall  be,  "Be  it  enacted  by  the  general  assembly  of  the 
state  of  Indiana;"  and  no  law  shall  be  enacted  except  by 
bill. 

Sec.  2.  The  senate  shall  not  exceed  fifty,  nor  the  house 
of  representatives  one  hundred  members;  and  they  shall 
be  chosen  by  the  electors  of  the  respective  counties  or  dis- 
tricts into  which  the  state  may,  from  time  to  time,  be  di- 
vided. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four 
years,  and  representatives  for  the  term  of  two  years,  from 


CONSTITUTION    OF    THE    STATE.  479 

the  day  next  after  their  general  election :  Provided,  how- 
ever, That  the  senators  elect,  at  the  second  meeting  of  the 
general  assembly  under  this  constitution,  shall  be  divided, 
by  lot,  into  two  equal  classes,  as  nearly  as  may  be ;  and  the 
seats  of  senators  of  the  first  class  shall  be  vacated  at  the 
expiration  of  two  years,  and  those  of  the  second  class  at  the 
expiration  of  four  years;  so  that  one-half,  as  nearly  as 
possible,  shall  be  chosen  biennially  forever  thereafter. 
And  in  case  of  increase  in  the  number  of  senators,  they 
shall  be  so  annexed  by  lot,  to  the  one  or  the  other  of.  the 
two  classes,  as  to  keep  them  as  nearly  equal  as  practicable. 

Sec.  4.  The  general  assembly  shall,  at  its  second  ses- 
sion after  the  adoption  of  this  constitution,  and  every  sixth 
year  thereafter,  cause  an  enumeration  to  be  made  of  all 
the  male  inhabitants  over  the  age  of  twenty-one  years. 

Sec.  5.  The  number  of  senators  and  representatives 
shall,  at  the  session  next  following  each  period  of  making 
such  enumeration,  be  fixed  by  law,  and  apportioned  among 
the  several  counties,  according,  to  the  number  of  male  in- 
habitants, above  twenty-one  years  of  age,  in  each:  Pro- 
vided, That  the  first  and  second  elections  of  members  of  the 
general  assembly,  under  this  constitution,  shall  be  accord- 
ing to  the  apportionment  last  made  by  the  general  assem- 
bly before  the  adoption  of  this  constitution. 

Sec.  6.  A  senatorial  or  representative  district,  where 
more  than  one  county  shall  constitute  a  district,  shall  be 
composed  of  contiguous  counties ;  and  no  county,  for  sena- 
torial apportionment,  shall  ever  be  divided. 

Sec.  7.  No  person  shall  be  a  senator  or  a  representative, 
who,  at  the  time  of  his  election,  is  not  a  citizen  of  the 
United  States;  nor  any  one  who  has  not  been,  for  two 
years  ne'xt  preceding  his  election,  an  inhabitant  of  this 
state,  and  for  one  year  next  preceding  his  election,  an  in- 
habitant of  the  county  or  district  whence  he  may  be  chosen. 
Senators  shall  be  at  least  twenty-five,  and  representatives 
at  least  twenty-one  years  of  age. 


480  APPENDIX. 

Sec.  8.  Senators  and  representatives,  in  all  cases  except 
treason,  felony,  and  breach  of  the  peace,  shall  be  privileged 
from  arrest  during  the  session  of  the  general  assembly,  and 
in  going  to  and  returning  from  the  same ;  and  shall  not  be 
subject  to  any  civil  process  during  the  session  of  the  gen- 
eral assembly,  nor  during  the  fifteen  days  next  before  the- 
commencement  thereof.  For  any  speech  or  debate  in  either 
house,  a  member  shall  not  be  questioned  in  any  other  place. 

Sec.  9.  The  sessions  of  the  general  assembly  shall  be 
held  biennially,  at  the  capital  of  the  state,  commencing  on 
the  Thursday  next  after  the  first  Monday  of  January,  in 
the  year  one  thousand  eight  hundred  and  fifty-three,  and  on 
the  same  day  of  every  second  year  thereafter,  unless  a  dif- 
ferent day  or  place  shall  have  been  appointed  by  law.  But 
if,  in  the  opinion  of  the  governor,  the  public  welfare  shall 
require  it,  he  may,  at  any  time,  by  proclamation  call  a  spe- 
cial session. 

Sec.  10.  Each  house,  when  assembled,  shall  choose  its 
own  officers  (the  president  .of  the  senate  excepted),  judge 
the  elections,  qualifications  and  returns  of  its  own  mem- 
bers, determine  its  rules  of  proceeding,  and  sit  upon  its 
own  adjournment.  But  neither  house  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  place  other  than  that  in  which  it  may  be  sitting. 

Sec.  11.  Two-thirds  of  each  house  shall  constitute  a 
quorum  to  do  business ;  but  a  smaller  number  may  meet,  ad- 
journ from  day  to  day,  and  compel  the  attendance  of  absent 
members.  A  quorum  being  in  attendance,  if  either  house 
fail  to  effect  an  organization  within  the  first  five  days  there- 
after, the  members  of  the  house  so  failing  shall  be  entitled 
to  no  compensation  from  the  end  of  the  said  five  days, 
until  an  organization  shall  have  been  effected. 

Sec.  12.  Each  house  shall  keep  a  journal  of  its  proceed- 
ings, and  publish  the  same.  The  yeas  and  nays,  on  any 
question,  shall,  at  the  request  of  any  two  members,  be  en- 
tered, together  with  the  names  of  the  members  demanding 


CONSTITUTION    OF    THE    STATE.  481 

the  same,  on  the  journal :  Provided,  That  on  a  motion  to 
adjourn,  it  shall  require  one-tenth  of  the  members  present 
to  order  the  yeas  and  nays. 

Sec.  13.  The  doors  of  each  house,  and  of  committees  of 
the  whole,  shall  be  kept  open,  except  in  such  cases  as,  in 
the  opinion  of  either  house,  may  require  secrecy. 

Sec.  14.  Either  house  may  punish  its  members  for  dis- 
orderly behavior,  and  may,  with  the  concurrence  of  two- 
thirds,  expel  a  member;  but  not  a  second  time  for  the  same 
cause. 

Sec.  15.  Either  house,  during  its  session,  may  punish,  by 
imprisonment,  any  person  not  a  member,  who  shall  have 
been  guilty  of  disrespect  to  the  house,  by  disorderly  or  con- 
temptuous behavior  in  its  presence ;  but  such  imprisonment 
shall  not,  at  any  time,  exceed  twenty-four  hours. 

Sec.  16.  Each  house  shall  have  all  powers  necessary  for 
a  branch  of  the  legislative  department  of  a  free  and  in- 
dependent state. 

Sec.  17.  Bills  may  originate  in  either  house,  but  may  be 
amended  or  rejected  in  the  other,  except  that  bills  for  rais- 
ing revenue  shall  originate  in  the  house  of  representatives. 

Sec.  18.  Every  bill  shall  be  read  by  sections,  on  three 
several  days  in  each  house;  unless,  in  case  of  emergency, 
two -thirds  of  the  house  where  such  bill  may  be  depending 
shall,  by  a  vote  of  yeas  and  nays,  deem  it  expedient  to  dis- 
pense with  this  rule;  but  the  reading  of  a  bill  by  sections, 
on  its  final  passage,  shall  in  no  case  be  dispensed  with;  and 
the  vote  on  the  passage  of  every  bill  or  joint  resolution 
shall  be  taken  by  yeas  and  nays. 

Sec.  19.  Every  act  shall  embrace  Ibut  one  subject,  and 
matters  properly  connected  therewith;  which  subject  shall 
be  expressed  in  the  title.  But  if  any  subject  shall  be  em- 
braced in  an  act,  which  shall  not  be  expressed  in  the  title, 
such  act  shall  be  void  only  as  to  so  much  thereof  as  shall 
not  be  expressed  in  the  title. 

[.",  1—272771 


482 


APPENDIX. 


Sec.  20.  Every  act  and  joint  resolution  shall  be  plainly 
worded,  avoiding,  as  far  as  practicable,  the  use  of  technical 
terms. 

Sec.  21.  No  act  shall  ever  be  revised  or  amended  by 
mere  reference  to  its  title;  but  the  act  revised,  or  section 
amended,  shall  be  set  forth  and  published  at  full  length. 

Sec.  22.  The  general  assembly  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated  cases,  that 
is  to  say: 

Eegulating  the  jurisdiction  and  duties  of  justices  of  the 
peace  and  of  constables ; 

For  the  punishment  of  crimes  and  misdemeanors ; 
Regulating  the  practice  in  courts  of  justice; 

Providing  for  changing  the  venue  in  civil  and  criminal 
cases ; 

Granting  divorces; 

Changing  the  names  of  persons; 

For  laying  out,  opening  and  working  on,  highways,  and 
for  the  election  or  appointment  of  supervisors ; 
.  Vacating  roads,  town  plats,  streets,  alleys  and  public 
squares ; 

Summoning  and  impaneling  grand  and  petit  juries,  and 
providing  for  their  compensation ; 

Eegulating  county  and  township  business ; 

Eegulating  the  election  of  county  and  township  officers, 
and  their  compensation; 

For  the  assessment  and  collection  of  taxes  for  state, 
county,  township  or*road  purposes; 

Providing  for  supporting  common  schools,  and  for  the 
preservation  of  school  funds ; 

In  relation  to  fees  or  salaries ;  except  that  the  laws  may 
be  so  made  as  to  grade  the  compensation  of  officers  in  pro- 
portion to  the  population  and  the  necessary  services  re- 
quired ; 


CONSTITUTION    OF    THE    STATE.  483 

• 

In  relation  to  interest  on  money ; 

Providing  for  opening  and  conducting  elections  of  state, 
county  or  township  officers,  and  designating  the  places  of 
voting ; 

Providing  for  the  sale  of  real  estate  belonging  to  minors, 
or  other  persons  laboring  under  legal  disabilities,  by  execu- 
tors, administrators,  guardians  or  trustees. 

Sec.  23.  In  all  the  cases  enumerated  in  the  preceding 
section,  and  in  all  other  cases  where  a  general  law  can  be 
made  applicable,  all  laws  shall  be  general  and  of  uniform 
operation  throughout  the  state. 

Sec.  24.  Provisions  may  be  made  by  general  law,  for 
bringing  suits  against  the  state,  as  to  all  liabilities  originat- 
ing after  the  adoption  of  this  constitution;  but  no  special 
act  authorizing  such  suit  to  be  brought,  or  making  compen- 
sation to  any  person  claiming  damages  against  the  state, 
shall  ever  be  passed. 

Sec.  25.  A  majority  of  all  the  members  elected  to  each 
house  shall  be  necessary  to  pass  every  bill  or  joint  resolu- 
tion; and  all  bills  and  joint  resolutions  so  passed  shall  be 
signed  by  the  presiding  officers  of  the  respective  houses. 

Sec.  26.  Any  member  of  either  house  shall  have  the 
right  to  protest,  and  to  have  his  protest,  with  his  reasons 
for  dissent,  entered  on  the  journal. 

Sec.  27.  Every  statute  shall  be  a  public  law,  unless 
otherwise  declared  in  the  statute  itself. 

Sec.  28.  No  act  shall  take  effect  until  the  same  shall 
have  been  published  and  circulated  in  the  several  counties 
of  this  state,  by  authority,  except  in  case  of  emergency; 
which  emergency  shall  be  declared  in  the  preamble  or  in  the 
body  of  the  law. 

Sec.  29.  The  members  of  the  general  assembly  shall  re- 
ceive for  their  services  a  compensation,  to  be  fixed  by  law; 
but  no  increase  of  compensation  shall  take  effect  during 
the  session  at  which  such  increase  may  be  made.  No  ses- 


484  APPENDIX. 

• 

sion  of  the  general  assembly,  except  the  first  under  this 
constitution,  shall  extend  beyond  the  term  of  sixty-one  days, 
nor  any  special  session  beyond  the  term  of  forty  days. 

Sec.  30.  No  senator  or  representative  shall,  during  the 
term  for  which  he  may  have  been  elected,  be  eligible  to  any 
office,  the  election  to  which  is  vested  in  the  general  assem- 
bly, nor  shall  he  be.  appointed  to  any  civil  office  of  profit, 
which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased,  during  such  term;  but  this  lat- 
ter provision  shall  not  be  construed  to  apply  to  any  office 
elective  by  the  people. 

ARTICLE  V. 


EXECUTIVE. 


Section  1.  The  executive  powers  of  the  state  shall  be 
vested  in  a  governor.  He  shall  hold  his  office  during  four 
years,  and  shall  not  be  eligible  more  than  four  years  in  any 
period  of  eight  years. 

Sec.  2.  There  shall  be  a  lieutenant-governor,  who  shall 
hold  his  office  during  four  years. 

Sec.  3.  The  governor  and  lieutenant-governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the 
general  assembly. 

Sec.  4.  In  voting  for  governor  and  lieutenant-governor 
the  electors  shall  designate  for  whom  they  vote  as  gov- 
ernor, and  for  whom  as  lieutenant-governor.  The  returns 
of  every  election  for  governor  and  lieutenant-governor  shall 
be  sealed  up  and  transmitted  to  the  seat  of  government,  di- 
rected to  the  speaker  of  the  house  of  representatives,  who 
shall  open  and  publish  them  in  the  presence  of  both  houses 
of  the  general  assembly. 

Sec.  5.  The  persons,  respectively,  having  the  highest 
number  of  votes  for  governor  and  lieutenant-governor, 
shall  be  elected ;  but  in  case  two  or  more  persons  shall  have 
an  equal  and  the  highest  number  of  votes  for  either  office, 
the  general  assembly  shall,  by  joint  vote,  forthwith  pro- 
ceed to  elect  one  of  the  said  persons  governor  or  lieutenant- 
governor,  as  the  case  may  be. 


CONSTITUTION    OF    THE    STATE.  485 

Sec.  6.  Contested  elections  for  governor  or  lieutenant- 
governor  shall  be  determined  by  the  general  assembly,  in 
such  manner  as  may  be  prescribed  by  law. 

Sec.  7.  No  person  shall  be  eligible  to  the  office  of  gov- 
ernor or  lieutenant-governor,  who  shall  not  have  been  five 
years  a  citizen  of  the  United  States,  and  also  a  resident  of 
the  state  of  Indiana  during  the  five  years  next  preceding 
his  election ;  nor  shall  any  person  be  eligible  to  either  of  the 
said  offices  who  shall  not  have  attained  the  age  of  thirty 
years. 

Sec.  8.  No  member  of  congress,  or  person  holding  any 
office  under  the  United  States,  or  under  this  state,  shall  fill 
the  office  of  governor  or  lieutenant-governor. 

Sec.  9.  The  official  term  of  the  governor  or  lieutenant- 
governor  shall  commence  on  the  second  Monday  of  Janu- 
ary, in  the  year  one  thousand,  eight  hundred  and  fifty-three ; 
and  on  the  same  day  every  fourth  year  thereafter. 

Sec.  10.  In  case  of  the  removal  of  the  governor  from 
office,  or  of  his  death,  resignation  or  inability  to  discharge 
the  duties  of  the  office,  the  same  shall  devolve  on  the  lieu- 
tenant-governor; and  the  general  assembly  shall,  by  law, 
provide  for  the  case  of  removal  from  office,  death,  resig- 
nation, or  inability,  both  of  the  governor  and  lieutenant- 
governor,  declaring  what  officer  then  shall  act  as  governor ; 
and  such  officer  shall  act  accordingly  until  the  disability  be 
removed  or  a  governor  be  elected. 

Sec.  11.  Whenever  the  lieutenant-governor  shall  act  as 
governor,  or  shall  be  unable  to  attend  as  president  of  the 
senate,  the  senate  shall  elect  one  of  its  own  members  as 
president  for  the  occasion. 

Sec.  12.  The  governor  shall  be  commander-in-chief  of 
the  military  and  naval  forces,  and  may  call  out  such  forces 
to  execute  the  laws,  or  to  suppress  insurrection,  or  to  repel 
invasion. 

Sec.  13.  He  shall,  from  time  to  time,  give  to  the  general 
assembly  information  touching  the  condition  of  the  state, 
and  recommend  such  measures  as  he  shall  judge  to  be  ex- 
pedient. 


486  APPENDIX. 

Sec.  14.  Every  bill  which  shall  have  passed  the  general 
assembly  shall  be  presented  to  the  governor ;  if  he  approve, 
he  shall  sign  it,  but  if  not,  he  shall  return  it,  with  his  ob- 
jections, to  the  house  in  which  it  shall  have  originated, 
which  house  shall  enter  the  objections  at  large  upon  its 
journals  and  proceed  to  reconsider  the  bill.  If,  after  such 
reconsideration,  a  majority  of  all  the  members  elected  to 
that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  with 
the  governor's  objections,  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and  if  approved  by  a  ma- 
jority of  all  the  members  elected  to  that  house,  it  shall  be  a 
law.  If  any  bill  shall  not  be  returned  by  the  governor 
within  three  days,  Sundays  excepted,  after  it  shall  have 
been  presented  to  him,  it  shall  be  a  law  without  his  signa- 
ture, unless  the  general  adjournment  shall  prevent  its  re- 
turn, in  which  case  it  shall  be  a  law  unless  the  governor, 
within  five  days  next  after  such  adjournment,  shall  file  such 
bill,  with  his  objections  thereto,  in  the  office  of  the  secretary 
of  state,  who  shall  lay  the  same  before  the  general  assembly 
at  its  next  session  in  like  manner  as  if  it  had  been  returned 
by  the  governor.  But  no  bill  shall  be  presented  to  the  gov- 
ernor within  two  days  next  previous  to  the  final  adjourn- 
ment of  the  general  assembly. 

Sec.  15.  The  governor  shall  transact  all  necessary  busi- 
ness with  the  officers  of  government,  and  may  require  any 
information  in  writing  from  the  officers  of  the  adminis- 
trative department,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  16.  He  shall  take  care  that  the  laws  be  faithfully 
executed. 

Sec.  17.  He  shall  have  the  power  to  grant 'reprieves, 
commutations  and  pardons,  after  conviction,  for  all  offenses 
except  treason  and  cases  of  impeachment,  subject  to  such 
regulations  as  may  be  provided  by  law.  Upon  conviction 
for  treason,  he  shall  have  power  to  suspend  the  execution  of 
ihe  sentence  until  the  case  shall  be  reported  to  the  general 
assembly  at  its  next  meeting,  when  the  general  assembly 


CONSTITUTION    OF    THE    STATE.  487 

shall  either  grant  a  pardon,  commute  the  sentence,  direct 
the  execution  of  the  sentence,  or  grant  a  further  reprieve. 
He  shall  have  power  to  remit  fines  and  forfeitures,  under 
such  regulations  as  may  be  prescribed  by  law,  and  shall 
report  to  the  general  assembly,  at  its  next  meeting,  each 
case  of  reprieve,  commutation,  or  pardon  granted,  and  also 
the  names  of  all  persons  in  whose  favor  remission  of  fines 
and  forfeitures  shall  have  been  made,  and  the  several 
amounts  remitted:  Provided,  however,  That  the  general 
assembly  may,  by  law,  constitute  a  council,  to  be  composed 
of  officers  of  state,  without  whose  advice  and  consent  the 
governor  shall  not  have  power  to  grant  pardons,  in  any 
case,  except  such  as  may,  by  law,  be  left  to  his  sole  power. 

Sec.  18.  When,  during  a  recess  of  the  general  assembly, 
a  vacancy  shall  happen  in  any  office,  the  appointment  to 
which  is  vested  in  the  general  assembly,  or  when,  at  any 
time,  a  vacancy  shall  have  occurred  in  any  other  state  office, 
or  in  the  office  of  judge  of  any  court,  the  governor  shall 
fill  such  vacancy  by  appointment,  which  shall  expire  when  a 
successor  shall  have  been  elected  and  qualified. 

Sec.  19.  He  shall  issue  writs  of  election  to  fill  such  va- 
cancies as  may  have  occurred  in  the  general  assembly. 

Sec.  20.  Should  the  seat  of  government  become  danger- 
ous from  disease  or  a  common  enemy,  he  may  convene  the 
general  assembly  at  any  other  place. 

Sec.  21.  The  lieutenant-governor  shall,  by  virtue  of  his 
office,  be  president  of  the  senate,  have  a  right,  when  in 
committee  of  the  whole,  to  join  in  debate,  and  to  vote  on  all 
subjects,  and,  whenever  the  senate  shall  be  equally  divided, 
he  shall  give  the  casting  vote. 

Sec.  22.  The  governor  shall,  at  stated  times,  receive  for 
his  services  a  compensation  which  shall  neither  be  increased 
nor  diminished  during  the  term  for  which  he  shall  have 
been  elected. 

Sec.  23.  The  lieutenant-governor,  while  he  shall  act  as 
president  of  the  senate,  shall  receive  for  his  services  the 
same  compensation  as  the  speaker  of  the  house  of  repro- 


488 


APPENDIX. 


sentatives;  and  any  person  acting  as  governor  shall  re- 
ceive the  compensation  attached  to  the  office  of  governor. 

Sec.  24.  Neither  the  governor  nor  lieutenant-governor 
shall  he  eligible  to  any  other  office  during  the  term  for 
which  he  shall  have  heen  elected. 

ARTICLE  VI. 

ADMINISTRATIVE. 

Section  1.  There  shall  he  elected  by  the  voters  of  the 
state,  a  secretary,  an  auditor,  and  a  treasurer  of  state,  who 
shall  severally  hold  their  offices  for  two  years.  They  shall 
perform  such  duties  as  may  he  enjoined  by  law;  and  no 
person  shall  be  eligible  to  either  of  said  offices  more  than 
four  years  in  any  period  of  six  years. 

Sec.  2.  There  shall  be  elected  in  each  county,  by  the 
voters  thereof,  at  the  time  of  holding  general  elections,  a 
clerk  of  the  circuit  court,  auditor,  recorder,  treasurer,  sher- 
iff, coroner  and  surveyor.  The  clerk,  auditor  and  recorder 
shall  continue  in  office  four  years;  and  no  person  shall  be 
eligible  to  the  office  of  clerk,  recorder  or  auditor  more  than 
eight  years  in  any  period  of  twelve  years.  The  treasurer, 
sheriff,  coroner  and  surveyor,  shall  continue  in  office  two 
years;  and  no  person  shall  be  eligible  to  the  office  of  treas- 
urer or  sheriff  more  than  four  years  in  any  period  of  six 
years. 

Sec.  3.  Such  other  county  and  township  officers  as  may 
be  necessary,  shall  be  elected  or  appointed,  in  such  manner 
as  may  be  prescribed  by  law. 

Sec.  4.  No  person  shall  be  elected  or  appointed  as  a 
county  officer,  who  shall  not  be  an  elector  of  the  county; 
nor  any  one  who  shall  not  have  been  an  inhabitant  thereof 
during  one  year  next  preceding  his  appointment,  if  the 
county  shall  have  been  so  long  organized ;  but  if  the  county 
shall  not  have  been  so  long  organized,  then  within  the  limits 
of  the  county  or  counties  out  of  which  the  same  shall  have 
been  taken. 


CONSTITUTION    OF    THE    STATE.  489 

Sec.  5.  The  governor,  and  the  secretary,  auditor  and 
treasurer  of  state,  shall,  severally,  reside  and  keep  the  pub- 
lic records,  books  and  papers,  in  any  manner  relating  to  the 
respective  offices,  at  the  seat  of  government. 

Sec.  6.  All  county,  township  and  town  officers  shall  re- 
side within  their  respective  counties,  townships  and  towns, 
and  shall  keep  their  respective  offices  at  such  places  therein, 
and  perform  such  duties  as  may  be  directed  by  law. 

Sec.  7.  All  state  officers  shall,  for  crime,  incapacity  or 
negligence,  be  liable  to  be  removed  from  office,  either  by 
impeachment  by  the  house  of  representatives,  to  be  tried 
by  the  senate,  or  by  a  joint  resolution  of  the  general  assem- 
bly; two-thirds  of  the  members  elected  to  each  branch  vot- 
ing, in  either  case,  therefor. 

Sec.  8.  All  state,  county,  township  and  town  officers  may 
be  impeached,  or  removed  from  office  in  such  manner  as 
may  be  prescribed  by  law. 

Sec.  9.  Vacancies  in  county,  township  and  town  offices 
shall  be  filled  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  10.  The  general  assembly  may  confer  upon  the 
boards  doing  county  business  in  the  several  counties,  pow- 
ers of  a  local  administrative  character. 

ARTICLE  VII. 

JUDICIAL. 

Section  1.  The  judicial  power  of  the  state  shall  be  vested 
in  a  supreme  court,  in  circuit  courts,  and  in  such  other 
courts  as  the  general  assembly  may  establish. 

Sec.  2.  The  supreme  court  shall  consist  of  not  less  than 
three,  nor  more  than  five  judges ;  a  majority  of  whom  shall 
form  a  quorum.  They  shall  hold  their  offices  for  six  years, 
if  they  so  long  behave  well. 

Sec.  3.  The  state  shall  be  divided  into  as  many  districts 
as  there  are  judges  of  the  supreme  court,  and  such  districts 
shall  be  formed  of  contiguous  territory,  as  nearly  equal  in 
population  as,  without  dividing  a  county,  the  same  can  be 


490  APPENDIX. 

made.  One  of  said  judges  shall  be  elected  from  each  dis- 
trict, and  reside  therein;  but  said  judge  shall  be  elected  by 
the  electors  of  the  state  at  large. 

Sec.  4.  The  supreme  court  shall  have  jurisdiction,  co-ex- 
tensive with  the  limits  of  the  state,  in  appeals  and  writs  of 
error,  under  such  regulations  and  restrictions  as  may  be 
prescribed  by  law.  It  shall  also  have  such  original  juris- 
diction as  the  general  assembly  may  confer. 

Sec.  5.  The  supreme  court  shall,  upon  the  decision  of 
every  case,  give  a  statement  in  writing  of  each  question 
arising  in  the  record  of  such  case,  and  the  decision  of  the 
court  thereon. 

Sec.  6.  The  general  assembly  shall  provide  by  law  for 
the  speedy  publication  of  the  decisions  of  the  supreme 
court,  made  under  this  constitution,  but  no  judge  shall  be 
allowed  to  report  such  decision. 

Sec.  7.  There  shall  be  elected  by  the  voters  of  the  state, 
a  clerk  of  the  supreme  court,  who  shall  hold  his  office  four 
years,  and  whose  duties  shall  be  prescribed  by  law. 

Sec.  8.  The  circuit  courts  shall  each  consist  of  one 
judge,  and  shall  have  such  civil  and  criminal  jurisdiction 
as  may  be  prescribed  by  law. 

Sec.  9.  The  state  shall,  from  time  to  time,  be  divided 
into  judicial  circuits,  and  a  judge  for  each  circuit  shall  be 
elected  by  the  voters  thereof.  He  shall  reside  within  the 
circuit,  and  shall  hold  his  office  for  the  term  of  six  years, 
if  he  so  long  behave  well. 

Sec.  10.  The  general  assembly  may  provide,  by  law,  that 
the  judge  of  one  circuit  may  hold  the  courts  of  another  cir- 
cuit, in  cases  of  necessity  or  convenience;  and  in  case  of 
temporary  inability  of  any  judge,  from  sickness  or  other 
cause,  to  hold  the  courts  in  his  circuit,  provisions  may  be 
made,  by  law,  for  holding  such  courts. 

Sec.  11.  There  shall  be  elected,  in  each  judicial  circuit, 
by  the  voters  thereof,  a  prosecuting  attorney,  who  shall 
hold  his  office  for  two  vears. 


CONSTITUTION    OF    THE    STATE.  491 

Sec.  12.  Any  judge  or  prosecuting  attorney,  who  shall 
have  been  convicted  of  corruption  or  other  high  crime,  may, 
on  information  in  the  name  of  the  state,  be  removed  from 
office  by  the  supreme  court,  or  in  such  other  manner  as  may 
be  prescribed  by  law. 

Sec.  13.  The  judges  of  the  supreme  court  and  circuit 
courts  shall,  at  stated  times,  receive  a  compensation,  which 
shall  not  be  diminished  during  their  continuance  in  office. 

Sec.  14.  A  competent  number  of  justices  of  the  peace 
shall  be  elected  by  the  voters  in  each  township  in  the  sev- 
eral counties.  They  shall  continue  in  office  four  years,  and 
their  powers  and  duties  shall  be  prescribed  by  law. 

Sec.  15.  All  judicial  officers  shall  be  conservators  of  the 
peace  in  their  respective  jurisdictions. 

Sec.  16.  No  person  elected  to  any  judicial  office  shall, 
during  the  term  for  which  he  shall  have  been  elected,  be 
eligible  to  any  office  of  trust  or  profit  under  the  state,  other 
than  a  judicial  office. 

Sec.  17.  The  general  assembly  may  modify  or  abolish 
the  grand  jury  system. 

Sec.  18.  All  criminal  prosecutions  shall  be  carried  on  in 
the  name,  and  by  the  authority  of  the  state ;  and  the  style  of 
all  processes  shall  be  "The  state  of  Indiana." 

Sec.  19.  Tribunals  of  conciliation  may  be  established, 
with  such  powers  and  duties  as  shall  be  prescribed  by  law; 
or  the  powers  and  duties  of  the  same  may  be  conferred 
upon  other  courts  of  justice;  but  such  tribunals  or  other 
courts,  when  sitting  as  such,  shall  have  no  power  to  render 
judgment  to  be  obligatory  on  the  parties  unless  they  volun- 
tarily submit  their  matters  of  difference  and  agree  to  abide 
the  judgment  of  such  tribunal  or  court. 

Sec.  20.  The  general  assembly,  at  its  first  session  after 
the  adoption  of  this  constitution,  shall  provide  for  the  ap- 
pointment of  throo  commissioners,  whose  duty  it  shall  be 
to  revive,  simplify  and  abridge  the  rules,  practice,  plead- 
ings and  forms  of  the  courts  of  justice.  And  they  shall 


492  APPENDIX. 

provide  for  abolishing  the  distinct  forms  of  action  at  law 
now  in  use ;  and  that  justice  shall  be  administered  in  a 
uniform  mode  of  pleading,  without  distinction  between  law 
and  equity.  And  the  general  assembly  may,  also,  make  it 
the  duty  of  said  commissioners  to  reduce  into  a  systematic 
code  the  general  statute  law  of  the  state ;  and  said  commis- 
sioners shall  report  the  result  of  their  labors  to  the  gen- 
eral assembly,  with  such  recommendations  and  suggestions, 
as  to  the  abridgment  and  amendment,  as  to  said  commis- 
sioners may  seem  necessary  or  proper.  Provision  shall  be 
made  by  law  for  filling  vacancies,  regulating  the  tenure 
of  office  and  the  compensation  of  said  commissioners. 

Sec.  21.  Every  person  of  good  moral  character,  being  a 
voter,  shall  be  entitled  to  admission  to  practice  law  in  all 
courts  of  justice. 

ARTICLE  VIII. 


EDUCATION. 


Section  1.  Knowledge  and  learning  generally  diffused 
throughout  a  community,  being  essential  to  the  preserva- 
tion of  a  free  government,  it  shall  be  the  duty  of  the  gen- 
eral assembly  to  encourage,  by  all  suitable  means,  moral, 
intellectual,  scientific  and  agricultural  improvement,  and 
to  provide  by  law  for  a  general  and  uniform  system  of  com- 
mon schools,  wherein  tuition  shall  be  without  charge,  and 
equally  open  to  all. 

Sec.  2.  The  common  school  fund  shall  consist  of  the  con- 
gressional township  fund,  and  the  lands  belonging  thereto : 

The  surplus  revenue  fund; 

The  saline  fund,  and  the  lands  belonging  thereto; 

The  bank  tax  fund,  and  the  fund  arising  from  the  one 
hundred  and  fourteenth  section  of  the  charter  of  the  state 
bank  of  Indiana ; 

The  fund  to  be  derived  from  the  sale  of  county  semi- 
naries, and  the  moneys  and  property  heretofore  held  for 
such  seminaries;  from  the  fines  assessed  for  breaches  of 
the  penal  laws  of  the  state ;  and  from  all  forfeitures  which 
may  accrue; 

All  lands  and  other  estate  which  shall  escheat  to  the 


CONSTrriTTI<>.\    OK    TJIK    STATE>  493 


state  for  want  of  heirs  or  kindred  entitled  to  the  inherit- 
ance; 

All  lands  that  have  been  or  may  hereafter  be  granted  to 
the  state,  where  no  special  purpose  is  expressed  in  the 
grant,  and  the  proceeds  of  the  sales  thereof;  including  the 
proceeds  of  the  sales  of  the  swamp  lands  granted  to  the 
state  of  Indiana  by  the  act  of  congress,  of  the  28th  of  Sep- 
tember, 1850,  after  deducting  the  expense  of  selecting  and 
draining  the  same; 

Taxes  on  the  property  of  corporations  that  may  be  as- 
sessed by  the  general  assembly  for  common  school  pur- 
poses. •  i 

Sec.  3.  The  principal  of  the  common  school  fund  shall 
remain  a  perpetual  fund,  which  may  be  increased,  but  shall 
never  be  diminished;  and  the  income  thereof  shall  be  in- 
violably appropriated  to  the  support  of  common  schools, 
and  to  no  other  purpose  whatever. 

Sec.  4.  The  general  assembly  shall  invest,  in  some  safe 
and  profitable  manner,  all  such  portions  of  the  common 
school  fund  as  have  not  heretofore  been  entrusted  to  the 
several  counties  ;  and  shall  make  provisions,  by  law,  for  the 
distribution,  among  the  several  counties,  of  the  interest 
thereof. 

Sec.  5.  If  any  county  shall  fail  to  demand  its  proportion 
of  such  interest  for  common  school  purposes,  the  same  shall 
be  reinvested  for  the  benefit  of  such  county. 

Sec.  6.  The  several  counties  shall  be  held  liable  for  the 
preservation  of  so  much  of  the  said  fund  as  may  be  en- 
trusted to  them,  and  for  the  payment  of  the  annual  interest 
thereon. 

Sec.  7.  All  trust  -funds  held  by  the  state  shall  remain 
inviolate,  and  be  faithfully  and  exclusively  applied  to  the 
purposes  for  which  the  trust  was  created. 

Sec.  8.  The  general  assembly  shall  provide  for  the  elec- 
tion, by  the  voters  of  the  state,  of  a  state  superintendent 
of  public  instruction,  who  shall  hold  his  office  for  two  years, 
and  whose  duties  and  compensation  shall  be  prescribed  by 
law. 


494  APPENDIX. 

ARTICLE  IX. 

STATE   INSTITUTIONS. 

Section  1.  It  shall  be  the  duty  of  the  general  assembly 
to  provide  by  law  for  the  support  of  institutions  for  the 
education  of  the  deaf  and  dumb,  and  of  the  blind;  and, 
also,  for  the  treatment  of  the  insane. 

Sec.  2.  The  general  assembly  shall  provide  houses  of 
refuge  for  the  correction  and  reformation  of  juvenile  of- 
fenders. 

Sec.  3.  The  county  boards  shall  have  power  to  provide 
farms  as  an  asylum  for  those  persons  who,  by  reason  of 
age,  infirmity,  or  other  misfortune,  have  claims  upon  the 
sympathies  and  aid  of  society. 

ARTICLE  X. 

FINANCE. 

Section  1.  The  general  assembly  shall  provide,  by  law, 
for  a  uniform  and  equal  rate  of  assessment  and  taxation; 
and  shall  prescribe  such  regulations  as  shall  secure  a  just 
valuation  for  taxation  of  all  property,  both  real  and  per- 
sonal, excepting  sucli  only  for  municipal,  educational,  lit- 
erary, scientific,  religious  or  charitable  purposes,  as  may 
be  specially  exempted  by  law/ 

Sec.  2.  All  the  revenues  derived  from  the  sale  of  any  of 
the  public  works  belonging  to  the  state,  and  from  the  net 
annual  income  thereof,  and  any  surplus  that  may,  at  any 
time,  remain  in  the  treasury  derived  from  taxation  for  gen- 
eral state. purposes,  after  the  payment  of  the  ordinary  ex- 
penses of  the  government,  and  of  the  interest  on  bonds  of 
the  state,  other  than  bank  bonds,  shall  be  annually  applied, 
under  the  direction  of  the  general  assembly,  to  the  payment 
of  the  principal  of  the  public  debt. 

Sec.  3.  No  money  shall  be  drawn  from  the  treasury 
but  in  pursuance  of  appropriations  made  by  law. 

Sec.  4.  An  accurate  statement  of  the  receipts  and  ex- 
penditures of  the  public  money  shall  be  published  with  the 
laws  of  each  regular  .session  of  the  general  assembly. 


CONSTITUTION    OF    THE    STATE.  495 

Sec.  5.  No  law  shall  authorize  any  debt  to  be  contracted, 
on  behalf  of  the  state,  except  in  the  following  cases:  To 
meet  casual  deficits  in  the  revenue;  to  pay  the  interest  on 
the  state  debt ;  to  repel  invasion,  suppress  insurrection,  or, 
if  hostilities  be  threatened,  provide  for  public  defense. 

Sec.  6.  No  county  shall  subscribe  for  stock  in  any  incor- 
porated company,  unless  the  same  be  paid  for  at  the  time 
of  such  subscription;  nor  shall  any  county  loan  its  credit 
to  any  incorporated  company,  nor  borrow  money  for  the 
purpose  of  taking  stock  in  any  such  company;  nor  shall 
the  general  assembly  ever,  on  behalf  of  the  state,  assume 
the  debts  of  any  county,  city,  town  or  township,  nor  of  any 
corporation  whatever. 

Sec.  7.  No  law  or  resolution  shall  ever  be  passed  by  the 
general  assembly  of  the  state  of  Indiana  that  shall  recog- 
nize any  liability  of  this  state  to  pay  or  redeem  any  cer- 
tificate of  stock  issued  in  pursuance  of  an  act  entitled  "An 
act  to  provide  for  the  funded  debt  of  the  state  of  Indiana, 
and  for  the  completion  of  the  Wabash  and  Erie  Canal  to 
Evansville,"  passed  January  19,  1846,  and  an  act  supple- 
mental to  said  act,  passed  January  29,  1847,  which  by  the 
provisions  of  the  said  acts,  or  either  of  them,  shall  be  pay- 
able exclusively  from  the  proceeds  of  the  canal  lands,  and 
the  tolls  and  revenues  of  the  canal  in  said  acts  mentioned; 
and  no  such  certificates  of  stocks  shall  ever  be  paid  by  this 
state. 

[NOTE. — Agreed  to  by  a  majority  of  the  members  elected  to  each  of 
the  two  houses  of  the  general  assembly,  regular  session  of  1871,  and  re- 
ferred to  the  general  assembly  to  be  chosen  at  the  next  general  election. 
Agreed  to  by  a  majority  of  the  members  elected  to  each  house  of- the  gen- 
eral assembly,  special  session  of  1872.  Submitted  to  the  electors  of  tin* 
state  by  an  act  approved  January  28,  1873.  Ratified  by  a  majority  of  the 
electors,  at  an  election  held  on  the  18th  day  of  February,  1873.  Declared 
a  part  of  the  constitution  by  proclamation  of  Thomas  A.  Hendricks.  gov- 
ernor, dated  March  7,  1873.] 

ARTICLE  XI. 

CORPORATION. 

Section  1.  The  general  assembly  shall  not  have  power 
to  establish,  or  incorporate  any  bank  or  banking  company, 


496  APPENDIX. 

or  moneyed  institution,  for  the  purpose  of  issuing  bills  of 
credit,  or  bills  payable  to  order  or  bearer,  except  under  the 
conditions  prescribed  in  this  constitution. 

Sec.  2.  No  bank  shall  be  established  otherwise  than  un- 
der a  general  banking  law,  except  as  provided  in  the  fourth 
section  of  this  article. 

Sec.  3.  If  the  general  assembly  shall  enact  a  general 
banking  law,  such  law  shall  provide  for  the  registry  and 
countersigning,  by  an  officer  of  state,  of  all  paper  credit 
designed  to  be  circulated  as  money;  and  ample  collateral 
security,  readily  convertible  into  specie,  for  the  redemp- 
tion of  the  same  in  gold  or  silver,  shall  be  required ;  which 
collateral  security  shall  be  under  the  control  of  the  proper 
officer  or  officers  of  the  state. 

Sec.  4.  The  general  assembly  may  also  charter  a  bank 
with  branches,  without  collateral  security,  as  required  in 
the  preceding  section. 

Sec.  5.  If  the  general  assembly  shall  establish  a  bank 
with  branches,  the  branches  shall  be  mutually  responsible 
for  each  other's  liabilities,  upon  all  paper  credit  issued 
as  money. 

Sec.  6.  The  stockholders  in  every  bank,  or  banking  com- 
pany, shall  be  individually  responsible  to  an  amount  over 
and  above  their  stock,  equal  to  their  respective  shares  of 
stock,  for  all  debts  or  liabilities  of  said  bank  or  banking 
company. 

Sec.  7.  All  bills  or  notes  issued  as  money  shall  be,  at  all 
times,  redeemable  in  gold  or  silver;  and  no  law  shall  be 
passed,  sanctioning,  directly  or  indirectly,  the  suspension, 
by  any  bank  or  banking^  company,  of  specie  payments. 

Sec.  8.  Holders  of  bank  notes  shall  be  entitled,  in  case  of 
insolvency,  to  preference  of  payment  over  all  other  cred- 
itors. 

Sec.  9.  No  bank  shall  receive,  directly  or  indirectly,  a 
greater  rate  of  interest  than  shall  be  allowed  by  law  to  in- 
dividuals loaning  money. 


CONSTITUTION    OF    THE    STATE.  497 

Sec.  10.  Every  bank,  or  banking  company,  shall  be  re- 
quired to  cease  all  banking  operations  within  twenty  years 
from  the  time  of  its  organization,  and  promptly  thereafter 
to  close  its  business. 

Sec.  11.  The  general  assembly  is  not  prohibited  from  in- 
vesting the  trust  funds  in  a  bank  with  branches;  but  in 
case  of  such  investment,  the  safety  of  the  same  shall  be 
guaranteed  by  unquestionable  security. 

Sec.  12.  The  state  shall  not  be  a  stockholder  in  any 
bank,  after  the  expiration  of  the  present  bank  charter;  nor 
shall  the  credit  of  the  state  ever  be  given,  or  loaned,  in  aid 
of  any  person,  association,  or  corporation,  nor  shall  the 
state  hereafter  become  a  stockholder  in  any  corporation  or 
association. 

Sec.  13.  Corporations,  other  than  banking,  shall  not  be 
created  by  special  act,  but  may  be  formed  under  general 
laws. 

Sec.  14.  Dues  from  corporations,  other  than  banking, 
shall  be  secured  by  such  individual  liability  of  the  corpor- 
ators, or  other  means,  as  may  be  prescribed  by  law. 

ARTICLE  XII. 

MILITIA. 

Section  1.  The  militia  shall  consist  of  all  able-bodied 
white  male  persons  between  the  ages  of  eighteen  and  forty- 
five  years,  except  such  as  may  be  exempted  by  the  laws  of 
the  United  States,  or  of  this  state;  and  shall  be  organized, 
officered,  armed,  equipped  and  trained  in  such  manner  as 
may  be  provided  by  law. 

Sec.  2.  The  governor  shall  appoint  the  adjutant,  quar- 
termaster and  commissary  generals. 

Sec.  3.  All  militia  officers  shall  be  commissioned  by  the 
governor,  and  shall  hold  their  offices  not  longer  than^six 
years. 

[32—27277] 


498  APPENDIX. 

Sec.  4.  The  general  assembly  shall  determine  the  meth- 
od of  dividing  the  militia  into  divisions,  brigades,  regi- 
ments, battalions  and  companies,  and  fix  the  rank  of  all 
staff  officers. 

Sec.  5.  The  militia  may  be  divided  into  classes  of  seden- 
tary and  active  militia  in  such  manner  as  shall  be  pre- 
scribed by  law.  - 

Sec.  6.  No  person  conscientiously  opposed  to  bearing 
arms  shall  be  compelled  to  do  militia  duty ;  but  such  person 
shall  pay  an  equivalent  for  exemption;  the  amount  to  be 
prescribed  by  law. 

ARTICLE  XIII. 

POLITICAL  AND  MUNICIPAL  CORPORATIONS. 

Section  1.  No  political  or  municipal  corporations  in  this 
state  shall  ever  become  indebted,  in  any  manner  or  for  any 
purpose,  to  any  amount,  in  the  aggregate  exceeding  two  per 
centum  on  the  value  of  taxable  property  within  such  cor- 
poration, to  be  ascertained  by  the  last  assessment  for  state 
and  county  taxes,  previous  to  the  incurring  of  such  indebt- 
edness, and  all  bonds  or  obligations,  in  excess  of  such 
amount,  given  by  such  corporations,  shall  be  void:  Pro- 
vided, That  in  time  of  war,  foreign  invasion,  or  other  great 
public  calamity,  on  petition  of  a  majority  of  the  property 
owners,  in  number  and  value,  within  the  limits  of  such 
corporation,  the  public  authorities,  in  their  discretion,  may 
incur  obligations  necessary  for  the  public  protection  and 
defense,  to  such  an  amount  as  may  be  requested  in  such 
petition. 

[The  original  article  13  is  stricken  out  and  the  amendment  of  March 
24,  1881,  inserted  in  lieu  thereof.] 

ARTICLE  XIV. 

BOUNDARIES. 

Section  1.  In  order  that  the  boundaries  of  the  state  may 
be  known  and  established,  it  is  hereby  ordained  and  de- 
clared that  the  state  of  Indiana  is  bounded  on  the  east 
by  the  meridian  line  which  forms  the  western  boundary  of 


CONSTITUTION    OF    THE    STATE. 


499 


the  state  of  Ohio ;  on  the  south  by  the  Ohio  river,  from  the 
mouth  of  the  Great  Miami  river  to  the  mouth  of  the  Wabash 
river ;  on  the  west,  by  a  line  drawn  along  the  middle  of  the 
Wabash  river,  from  its  mouth  to  a  point  where  a  due  north 
line,  drawn  from  the  town  of  Vincennes,  would  last  touch 
the  northwestern  shore  of  said  Wabash  river;  and  thence 
by  a  due  north  line,  until  the  same  shall  intersect  an  east 
and  west  line,  drawn  through  a  point  ten  miles  north  of 
the  southern  extreme  of  Lake  Michigan ;  on  the  north,  by 
said  east  and  west  line,  until  the  same  shall  intersect  the 
first-mentioned  meridian  line,  which  forms  the  western 
boundary  of  the  state  of  Ohio. 

Sec.  2.  The  state  of  Indiana  shall  possess  jurisdiction, 
and  sovereignty  co-extensive  with  the  boundaries  declared 
in  the  preceding  section;  and  shall  have  concurrent  juris- 
diction, in  civil  and  criminal  cases,  with  the  state  of  Ken- 
tucky on  the  Ohio  river,  and  with  the  state  of  Illinois 
on  the  Wabash  river,  so  far  as  said  rivers  form  the  com- 
mon boundary  between  this  state  and  said  states  respec- 
tively. 

ARTICLE  xv. 

MISCELLANEOUS. 

Section  1.  All  officers  whose  appointment  is  not  other- 
wise provided  for  in  this  constitution,  shall  be  chosen  in 
such  manner  as  now  is,  or  hereafter  may  be,  prescribed  by 
law. 

Sec.  2.  When  the  duration  of  any  office  is  not  provided 
for  by  this  constitution,  it  may  be  declared  by  law;  and  if 
not  so  declared,  such  office  shall  be  held  during  the  pleasure 
of  the  authority  making  the  appointment.  But  the  general 
assembly  shall  not  create  any  office,  the  tenure  of  which 
shall  be  longer  than  four  years. 

Sec.  3.  Whenever  it  is  provided  in  this  constitution,  or 
in  any  law  which  may  be  hereafter  passed,  that  any  officer, 
other  than  a  member  of  the  general  assembly,  shall  hold 
his  office  for  any  given  term,  the  same  shall  be  construed 


500 


APPENDIX. 


to  mean  that  such  officer  shall  hold  his  office  for  such  term, 
and  until  his  successor  shall  have  been  elected  and  quali- 
fied. 

Sec.  4.  Every  person  elected  of  appointed  to  any  office 
under  this  constitution  shall,  before  entering  on  the  duties 
thereof,  take  an  oath  or  affirmation  to  support  the  constitu- 
tion of  this  state  and  of  the  United  States,  and  also  an  oath 
of  office. 

Sec.  5.  There  shall  be  a  seal  of  the  state,  kept  by  the 
governor  for  official  purposes,  which  shall  be  called  the 
seal  of  the  state  of  Indiana. 

Sec.  6.  All  commissions  shall  issue  in  the  name  of  the 
state,  shall  be  signed  by  the  governor,  sealed  by  the  state 
seal,  and  attested  by  the  secretary  of  state. 

Sec.  7.  No  county  shall  be  reduced  to  an  area  less  than 
four  hundred  square  miles ;  nor  shall  any  county  under 
that  area  be  further  reduced. 

Sec.  8.  No  lottery  shall  be  authorized,  nor  shall  the  sale 
of  lottery  tickets  be  allowed. 

Sec.  9.  The  following  grounds  owned  by  the  state  in 
Indianapolis,  namely:  the  state  house  square,  the  gover- 
nor's circle,  and  so  much  of  outlot  numbered  one  hundred 
and  forty-seven  as  lies  north  of  the  arm  of  the  central 
canal,  shall  not  be  sold  or  leased. 

Sec.  10.  It  shall  be  the  duty  of  the  general  assembly  to 
provide  for  the  permanent  enclosure  and  preservation  of 
the  Tippecanoe  battle  ground. 

ARTICLE  XVI. 

AMENDMENTS. 

Section  1.  Any  amendment  or  amendments  to  this  con- 
stitution may  be  proposed  in  either  branch  of  the  general 
assembly ;  and  if  the  same  shall  be  agreed  to  by  a  majority 
of  the  members  elected  to  each  of  the  two  houses,  such 
proposed  amendment  or  amendments  shall,  with  the  yeas 
and  nays  thereon,  be  entered  on  their  journals  and  referred 


CONSTITUTION    OF    THE'   STATE. 


501 


to  the  general  assembly  to  be  chosen  at  the  next  general 
election;  and,  if  in  the  general  assembly  so  next  chosen, 
such  proposed  amendment  or  amendments  shall  be  agreed 
to  by  a  majority  of  all  the  members  elected  to  each  house, 
then  it  shall  be  the  duty  of  the  general  assembly  to  submit 
such  amendment  or  amendments  to  the  electors  of  the  state, 
and  if  a  majority  of  said  electors  shall  ratify  the  same, 
such  amendment  or  amendments  shall  become  a  part  of  this 
constitution. 

Sec.  2.  If  two  or  more  amendments  shall  be  submitted 
at  the  same  time,  they  shall  be  submitted  in  such  manner 
that  the  electors,  shall  vote  for  or  .against  each  of  such 
amendments  separately;  and  while  such  an  amendment  or 
amendments  which  shall  have  been  agreed  upon  by  one 
general  assembly,  shall  be  awaiting  the  action  of  he  suc- 
ceeding general  assembly,  or  of  the  electors,  no  additional 
amendment  or  amendments  shall  be  proposed. 

SCHEDULE. 

This  constitution,  if  adopted,  shall  take  effect  on  the  first 
day  of  November,  in  the  year  one  thousand  eight  hundred 
and  fifty-one,  and  shall  supersede  the  constitution  adopted 
in  the  year  one  thousand  eight  hundred  and  sixteen.  That 
no  inconvenience  may  aiise  from  the  change  in  the  govern- 
ment, it  is  hereby  ordained  as  follows : 

First.  All  laws  now  in  force,  and  not  inconsistent  with 
this  constitution,  shall  remain  in  force  until  they  shall  ex- 
pire or  be  repealed. 

Second.  All  indictments,  prosecutions,  suits,  pleas, 
plaints  and  other  proceedings  pending  in  any  of  the  courts, 
shall  be  prosecuted  to  final  judgment  and  execution;  and 
all  appeals,  writs  of  error,  certiorari  and  injunctions  shall 
be  carried  on  in  the  several  courts,  in  the  same  manner 
as  is  now  provided  by  law. 

Third.  All  fines,  penalties  and  forfeitures,  due  or  accru- 
ing to  the  state,  or  to  any  county  therein,  shall  inure  to 
the  state,  or  to  such  county  in  the  manner  prescribed  by 


502  APPENDIX. 

law.  All  bonds  executed  to  the  state,  or  to  any  officer,  in 
his  official  capacity,  shall  remain  in  force,  and  inure  to 
the  use  of  those  concerned. 

Fourth.  All  acts  of  incorporation  for  municipal  pur- 
poses shall  continue  in  force  under  this  constitution,  until 
such  time  as  the  general  assembly  shall,  in  its  discretion, 
modify  or  repeal  the  same. 

Fifth.  The  governor,  at  the  expiration  of  the  present 
official  term,  shall  continue  to  act  until  his  successor  shall 
have  been  sworn  into  office. 

Sixth.  There  shall  be  a  session  of  the  general  assembly, 
commencing  on  the  first  Monday  of  December,  in  the  year 
one  thousand  eight  hundred  and  fifty-one. 

Seventh.  Senators  now  in  office  and  holding  over,  under 
4:he  existing  constitution,  and  such  as  may  be  elected  at 
the  next  general  election,  and  the ,  representatives  then 
elected,  shall  continue  in  office  until  the  first  general  elec- 
tion under  this  constitution. 

Eighth.  The  first  general  election  under  this  constitu- 
tion shall  be  held  in  the  year  one  thousand  eight  hundred 
and  fifty-two. 

Ninth.  The  first  election  for  governor,  lieutenant-gov- 
ernor, judges  of  the  supreme  court  and  circuit  courts,  clerk 
of  the  supreme  court,  prosecuting  attorney,  secretary,  audi- 
tor, and  treasurer  of  state,  and  state  superintendent  of 
public  instruction,  under  this  constitution,  shall  be  held 
at  the  general  election  in  the  year  one  thousand  eight  hun- 
dred and  fifty-two ;  and  such  of  said  officers  as  may  be  in 
office  when  this  constitution  shall  go  into  effect,  shall  con- 
tinue in  their  respective  offices  until  their  successors  shall 
have  been  elected  and  qualified. 

Tenth.  Every  person  elected  by  popular  vote,  and  now 
in  any  office  which  is  continued  by  this  constitution,  and 
every  person  who  shall  be  so  elected  to  any  such  office  be- 
fore the  taking  effect  of  this  constitution  (except  as  in  this 
constitution  otherwise  provided),  shall  continue  in  office 
until  the  term  for  which  such  person  has  been,  or  may  be, 


CONSTITUTION    OF    THE    STATE.  503 

elected,  shall  expire :  Provided,  That  no  such  person  shall 
continue  in  office  after  the  taking  effect  of  this  constitution, 
for  a  longer  period  than  the  term  of  such  office  in  this  con- 
stitution prescribed. 

Eleventh.  On  the  taking  effect  of  this  constitution,  all 
officers  thereby  continued  in  office  shall,  before  proceeding 
in  the  further  discharge  of  their  duties,  take  an  oath  or 
affirmation  to  support  this  constitution. 

Twelfth.  All  vacancies  that  may  occur  in  existing  offices 
prior  to  the  first  general  election  under  this  constitution, 
shall  be  filled  in  the  manner  now  prescribed  by  law. 

Thirteenth.  At  the  time  of  submitting  this  constitution 
to  the  electors  for  their  approval  or  disapproval,  the  article 
numbered  thirteen,  in  relation  to  negroes  and  mulattoes, 
shall  be  submitted  as  a  distinct  proposition,  in  the  follow- 
ing form:  "  Exclusion  and  colonization  of  negroes  and 
mulattoes,"  "Aye,"  or  "No."  And  if  a  majority  of  the 
votes  cast  shall  be  in  favor  of  said  article,  then  the  same 
shall  form  a  part  of  this  constitution,  otherwise  it  shall  be 
void  and  form  no  part  thereof. 

Fourteenth.  No  article  or  section  of  this  constitution 
shall  be  submitted  as  a  distinct  proposition  to  a  vote  of 
the  electors  otherwise  than  as  herein  provided. 

Fifteenth.  Whenever  a  portion  of  the  citizens  of  the 
counties  of  Perry  and  Spencer  shall  deem  it  expedient  to 
form,  of  the  contiguous  territory  of  said  counties,  a  new 
county,  it  shall  be  the  duty  of  those  interested  in  the  or- 
ganization of  such  new  county,  to  lay  off  the  same  by 
proper  metes  and  bounds  of  equal  portions  as  nearly  as 
practicable,  not  to  exceed  one-third  of  the  territory  of  each 
of  said  counties.  The  proposal  to  create  such  new  county 
shall  be  submitted  to  the  voters  of  said  counties,  at  a  gen- 
eral election,  in  such  manner  as  shall  be  prescribed  by  law. 
And  if  a  majority  of  all  the  votes  given  at  said  election 
shall  be  in  favor  of  the  organization  of  said  new  county, 
it  shall  be  the  duty  of  the  general  assembly  to  organize  the 
same  out  of  the  territory  thus  designated. 


504  APPEITDIX. 

Sixteenth.  The  general  assembly  may  alter  or  amend 
the  charter  of  Clarksville,  and  make  such  regulations  as 
may  be  necessary  for  carrying  into  effect  the  objects  con- 
templated in  granting  the  same,  and  the  funds  belonging 
to  said  town  shall  be  applied  according  to  the  intention 
of  the  grantor. 

Done  in  convention,  at  Indianapolis,  .the  tenth  day  of 
February,  in  the  year  of  our  Lord,  one  thousand  eight  hun- 
dred and  fifty-one,  and  of  the  independence  of  the  United 
States,  the  seventy-fifth. 

GEOEGE  WHITEFIELD  CARR, 
President  and  Delegate  from  the  County  of  Lawrence. 

Attest:     WM.  H.  ENGLISH, 

Principal  Secretary. 

GEO.  L.  SITES, 
HERMAN  G.  BARKWELL, 
ROBERT  M.  EVANS, 

Assistant  Secretaries 


ADDENDA 


The  original  sections  stricken  out  or  amended  read  as 
follows: 


ARTICLE  II. 

SUFFRAGE   AND  ELECTION. 

SECTION  2.  In  all  elections,  not  otherwise  provided  for  by  this  consti- 
tution, every  white  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years  and  upwards,  who  shall  have  resided  in  the  state  during  the 
six  months  immediately  preceding  such  election ;  and  every  white  male,  of 
foreign  birth  of  the  age  of  twenty-one  years  and  upwards,  who  snail  have 
resided  in  the  United  States  one  year,  and  shall  have  resided  in  this  state 
during  the  six  months  immediately  preceding  such  election,  and  shall  have 
declared  his  intention  to  become  a  citizen  of  the  United  States,  conform- 
ably to  the  laws  of  the  United  States  on  the  subject  of  naturalization, 
shall  be  entitled  to  vote  in  the  township  or  precinct  where  he  may  reside. 

SEC.  5.    No  negro  or  mulatto  shall  have  the  right  of  suffrage. 

SEC.  14.  All  general  elections  shall  be  held  on  the  second  Tuesday  in 
October. 


ARTICLE  IV. 

LEGISLATIVE. 

SECTION  4.  The  general  assembly  shall,  at  its  second  session  after  the 
adoption  of  this  constitution,  and  every  six  years  thereafter,  cause  an 
enumeration  to  be  made  of  all  the  white  male  inhabitants  over  the  age  of 
twenty-one  years. 

SEC.  5.  The  number  of  senators  and  representatives  shall,  at  the  ses- 
sion next  following  each  period  of  making  such  enumeration,  be  fixed  by 
law,  and  apportioned  among  the  several  counties,  according  to  the  'num- 
ber of  white  male  inhabitants,  above  twenty-one  years  of  age,  in  each ; 
Provided,  That  the  first  and  second  elections  of  members  of  the  general 
assembly,  under  this  constitution,  shall  be  according  to  the  apportionment 
last  made  by  the  general  assembly,  before  the  adoption  of  this  constitution. 

SEC.  22.    In  relation  to  fees  or  salaries. 

(506) 


506  APPENDIX. 

ARTICLE   VII. 

JUDICIAL. 

SECTION  1.  The  judicial  power  of  the  state  shall  be  vested  in  a  su- 
preme court,  in  circuit  courts,  and  in  such  inferior  courts  as  the  general 
assembly  may  establish. 

ARTICLE  XIII. 

NEGROES    AND    MULATTOES. 

SECTION  1.  No  negro  or  mulatto  shall  come  into,  or  settle  in,  the  state, 
after  the  adoption  of  this  constitution. 

SEC.  2.  All  contracts  made  with  any  negro  or  mulatto  coming  into 
the  state,  contrary  to  the  provisions  of  the  foregoing  section,  shall  be  void ; 
and  any  person  who  shall  employ  such  negro  or  mulatto,  or  otherwise  en- 
courage him  to  remain  in  the  state,  shall  be  fined  in  any  sum  not  less  than 
ten  dollars,  nor  more  than  five  hundred  dollars. 

SEC.  3.  All  fines  which  may  be  collected  for  a  violation  of  the  pro- 
visions of  this  article,  or  of  any  law  which  may  hereafter  be  passed  for 
the  purpose  of  carrying  the  same  into  execution,  shall  be  set  apart  and 
appropriated  for  the  colonization  of  such  negroes  and  mulattoes,  and  their 
descendants,  as  may  be  in  the  state  at  the  adoption  of  this  constitution, 
and  may  be  willing  to  emigrate. 

SEC.  4.  The  general  assembly  shall  pass  laws  to  carry  out  the  pro- 
visions of  this  a'rticle. 


INDEX  TO  CONSTITUTION. 


PAGE. 

rnxsTrrrTiox   OF    IXIHAXA., 471 

Addenda     505 

Administrative    48! 

Amendments     "0 ) 

Uill  of  rights    472 

P.oundaries    498 

( lorporat  ion    4ii5 

I  )istribution  of  powers 478 

Fdncatioii 492 

Kxecutive    484 

Finance    -.  . .  .  494 

Historical  sketch   471 

Judicial     ' 489 

Legislative 478 

Militia    497 

Miscellaneous    499 

Political   and  municipal  corporations 49* 

Preamble    472 

Schedule    501 

Stat"    institutions    494 

SnlYrage  and   election    47<> 


(507) 


INDEX. 


SEC.  PAGE 

ABANDONMENT  OP  SCHOOLS  .....................  .199-207  148-153 

Consent  of  voters  ....................................  200  149 

Conveyance,  by  town  trustees  to  township  trustees  ..  206-207  152-153 

IVf  ition  of  majority  of  voters  .........................  199  148 

Re-establishment   .................................  200-201  149-150 

Re-establishment  in  towns  of  1,500  ....................  205  151 

Towns  of  1,500  ......................................  205  151 


ACCOUNTING  BOARD— 

See  Public  Accounting  Board. 

ACTS  OF  ASSEMBLY— 

Superintendent  of  public  instruction  to  furnish  common 

school  libraries   .................................     21 


32 


ADVISORY  BOARD  OF  TOWNSHIP— 

General  duties  ...................................  789-800 

Duties  in  bond  issue  .................................  482  290 

Emergency  for  joint  school  ...........................  198  147 

Provision  for  payment  of  township  debt  certificates.  .  .  .96-98          91-92 


AGRICULTURAL   COLLEGE— 
See  Purdue  University. 

AGRICULTURAL  EXPERIMENT   STATION— 

Purdue  University    719-721 


380-381 


AGRICULTURAL  INSTRUCTION— 

Indiana  University 616 

ALCOHOL— 

Instruction  in  effect  of 124 

Teachers  examined  in  subject  of -. 102 


ANNEXED  TERRITORY— 

Schoolhouse  in  . 


159-160 


APPEALS   35 

From  county  superintendent  to  superintendent  of  public 

instruction  55 

From  school  director  to  township  trustee 132 


351 


108 
98 


123-124 
52 

68 
112 


(509) 


510 


SCHOOL    LAW    OF    INDIANA. 


SEC.  PAGE 

From  township  trustee  to  county  superintendent 54  67 

Revocation  of  license  by  county  superintendent  appealed 

to  superintendent  of  public  instruction 40  59 

Success  grades  may  be  appealed  to  superintendent  of 
public  instruction  48  62 

Transfer  of  orphan  pupils  to  county  superintendent  and 

superintendent  of  public  instruction 229  166 

'I  mnsfer  of  pupils,  to  county  superintendent  and  to  su- 
perintendent of  public  instruction 221  161 

ATI  'OKTIONMENT  OF  FUNDS . . 324-343       226-235 

Based  on  last  accepted  enumeration 50  64 

County  superintendent  to  make  out 51  66 

Report  of,  in  superintendent's  report  to  the  Governor..     12  29 

State  tax  levy  apportioned 314  220 

Statement  of  serai-annual  apportionment  in  superintend- 
ent's report  to  the  general  assembly 13  30 

Unapportioned  balance   332  229 

A  PPR  AI SEMENT— 

Real  estate  for  schoolhouse 172-175      130-132 

ART  ASSOCIATIONS— 

Cities  of  first  class ! 272  195 

AUDITOR  OF  STATE— 

Deficiency  in  town  and  township  revenues 337-338      232-23:'. 

Payment  of  revenue  apportioned  to  counties,  and  ex- 
cess  330-331  228-22!) 

Report  to,  by  county  commissioners,  of  common  school 
fund 442-445  268-270 

BANK  TAX  FUND < 344  287 

Constitutional  provision 2  26 

BATHS,  PUBLIC— 

Cities  of  first  class 280-282       201-202 

BIBLE  IN  SCHOOLS 118  10(5 

BLIND— 

Compulsory  education   . 538  325 

BOARDS  OF  COMMISSIONERS— See  School  Boards. 

BOARDS  OF  FINANCE— 

Schonl  .-UK!  township  boards 809       42S  -129 


511 


SEC.  PAGE 

><  >M  >S    454-482  274-290 

<  Mties  not  over  1,000 479-480  288-289 

CM  ties  not  over  2,000 473-478  285-288 

Cities  of  1,000  to  5,000 .469-472  283-285 

(  Ml  ies  of  second  class 465-468  281-283 

Funding  or  refunding 459-460  278-279 

Localizing  bonds  issued  and  sold  by  township  trustees . 90-92  89-90 

Special  tax  for 456  275 

460  279 

462  280 

467  283 

.   471  284 

477  287 

Sinking  fund,  for  payment  of,  provided  by  school  trus- 
tees      400  279 

Township   to  issue 481-482  289-290 

Township  trustee  to  issue,  when  donation  or  bequest 

is   made    .                                                                         ..161-163  124-126 


1 '.(  M  )K KEEPING  METHODS— 

Superintendent  of  public   instruction   to  prescribe,    for 
county  auditors  and  treasurers 19 


32 


BUSINESS  DIRECTOR— 

Cities  of  first  class. .  .  .241-255 


175-182 


CERTIFICATES— See  Teachers'  License. 

PITIES— See  also  Schools — Cities. 

Cities  over  50,000  exempted  from   school   trustee  pro- 
visions         68  74 

Exempt  from  superintendence  of  county  superintendent.     36  53 

School  city    -. .     73  78 


PITY  COMPTROLLER— 

Auditor  of  school  board  in  cities  of  first  class 245  179 

PITY    SUPERINTENDENT— See   also    Town    Superintend- 
ents. 

Cities  of  first  class 242 

Salary  paid  from  special  school  revenue 76 

School  trustees  to  appoint - 76 

Success    grades    of    applicants    for    state    license,    fur- 
nished  by    43                61 

Success  grades  of  teachers  granted  by 46                63 

Success  grades  of  teachers  issued  nnd  recorded  by 47                 63 

COLORED  CHILDREN— 

Separate  schools  for , 121  107 


512 


SCHOOL    LAW    OF    INDIANA. 


COMMENCEMENT—                                                                        SEC.  PAGE 

County  superintendent  to  attend  exercises 37  54 

COMMON    SCHOOL   FUND— See,    also,    Apportionment    of 

Funds— Taxation 344-453  237-273 

Advertisement  of  amount  of  fund  on  hand  by  county 

auditor 394-395  253-254 

Congressional   township  fund 348-373  239-247 

Constitutional  provisions    2-7  26-27 

Counties— Liability   347  238 

Counties — Liability — Constitutional    provision 6  27 

County  auditors,   superintendents,   treasurers,   trustees, 
etc.,  to  report  on  condition  of,  to  superintendent  of 

public  instruction,  on  request 17  31 

County  superintendent  to  inspect  official  dockets,  records, 

books  of  account,  etc 52  66 

Dog  tax  fund 343  234 

Estrays  and  property  adrift 345  238 

Hydrophobia  fund  from  dog  tax 346  238 

Interest  on,  paid  and  apportioned  by  county  superin- 
tendent      53  67 

Interest  on  loans 393  253 

Intoxicating  liquors — Licenses — Funds  from. 344  237 

Investment  and  distribution — Constitutional  provision..       4  27 

Loans,  mortgages,  etc 396-441  254-268 

450-453  272-273 

Loans,  mortgages,  etc. — Apportionment 446  270 

Loss  of,  county  superintendent  to  issue  warrant  for  re- 
imbursement       53  67 

Principal,  a  perpetual  fund — Constitutional  provision.  .       3  26 

Reinvestment — Constitutional  provision 5 

Report   of,    in   superintendent's   report   to    the   general 

assembly    13  29 

Report  of  additions   for   the   year   in   superintendent's 

report  to  the  Governor 12 

Sale  of  lands 349-373  240-247 

375-392  248-253 

School  trustees  to  keep  record  of  school  revenue 74  78 

Sinking  fund,  interest 342  234 

Special  school  fund,  tax  for 318  222 

Special  school  revenue  and  school  revenue  for  tuition, 

school  trustees  to  distinguish  between 74  78 

Superintendent  of  public  instruction  to  examine  condi- 
tion of  school  fund  in  each  county 14  30 

Supplementary  tuition  fund,  tax  for 318 

Surplus   special    school    revenue    paid    over    by   school 

trustees  to  common  council,  etc 75  79 

Tax  for   314  220 

Tax  for  state  institutions .321-323  223-225 


INDEX. 


513 


COMMON  SCHOOL  FUND— Continued.          .                            SEC.  PAGE 

Transfer  of  pupils — Tuition 222-231  162-167 

Trust  funds  inviolate — Constitutional  provision ; . .       7  27 

What  constitutes,  saline  fund,  bank  tax  fund,  etc 344  237 

COMPULSORY  EDUCATION 538-550  325-330 

Age  538  325 

Blind  538  325 

Deaf  538  325 

Dependent  children  549-550  330 

Enumeration  of  children 547  329 

Incorrigible  and  truant  children,  home  for,  or  custodial 

institution  544-545  328-329 

Indigent  children  543  328 

Names  of  children  furnished  to  truant  officer 548  330 

Reports  by  school  officers  to  superintendent  of  public 

instruction,  etc 542  328 

Tax  546  329 

Truancy  board,  county  board  of  education  to  act  as 539  326 

Truancy  board,  reports  to 542  328 

Truancy  officers,  cities  and  towns 540  326 

Truancy  officers — Compensation  539  326 

Truancy  officers,  county 539  326 

CONGRESSIONAL  TOWNSHIP— 

Apportionment  of  school  funds,  when  divided 327  227 

CONGRESSIONAL  TOWNSHIP  FUND 344,  348  373     237,  239-247 

Constitutional  provisions    2  26 

County  auditor  to  keep  account  of 348  239 

Loans — Interest   402  255 

Sale  of  lands 349-373  240-247 

CONGRESSIONAL  TOWNSHIP  SCHOOL  LANDS— 

Trustees  of  civil  township  to  care  for 72  77 

CONSTITUTIONAL    PROVISIONS 1-8  26-27 

Common  schools   1  26 

Common  school  fund 2-7  26-27 

Counties— Liability 6  27 

Investment  and  distribution 4  27 

Principal  a  perpetual  fund 3  26 

Reinvestment    .; 5  27 

Superintendent  of  public  instruction . 8  27 

Trust  funds  inviolate 7  27 

CONTRACTS— 

Cities  of  first  class 253-254  181-182 

[33—27277] 


514 


SCHOOL    LAW    OF    INDIANA. 


CONTRACTS— Continued.                                                              SEC.  PAGE 

Text-books   485-489  293-297 

493-494  208-299 

508  S06 

512  308 

527  319 

535-537  322-324 

CORPORAL  PUNISHMENT 113  103 

See  note. 

COUNTIES— 

Common  school  fund— Liability  for 347  238 

Common  school  fund— Liability  for — Constitutional  pro- 
vision    C  27 

Indiana  University,  students  from 600-601  348 

Purdue  University,  students  from 707-708  375 

COUNTY  AUDITOR— 

Apportionment  of  school  revenue,  apportioned  to  county  333  230 

Common  school  fund — Accounts  with  congressional  town- 
ships   .* 348  239 

Common  school  fund — Advertisement  of  amount  of  fund 

on  hand   394-395       253-254 

Common  school  fund — Loans,  mortgages,  etc 396-441      254-268 

450-453       272-273 

Common  school  fund — Report  to  county  commissioners, 
superintendent  of  public  instruction  and  auditor  of 
state  442-445  208-270 

Common  school  fund — Report  to  superintendent  of  public 

instruction   347  238 

Farmers'   institute— Local   expenses 715-716      378-379 

Indiana  University,  number  of  students  attending  from 
county  given  to 600-601  348 

Report  on  condition  of  common  school  fund,  at  request 

of  superintendent  of  public  instruction 17  31 

Report  to  superintendent  of  public  instruction  of  revenue 

ready  for  apportionment 325-328      226-228 

COUNTY  BOARD  OF  EDUCATION 87  85-86 

Duties  87  85 

Text-books  changed  by 87  86 

Township  libraries  managed  by 87  86 

Truancy  board,  to  act  as 539  ?»26 

COUNTY  TREASURERS— 

Common  school  fund — Report  to  county  commissioners, 
superintendent  of  public  instruction  and  auditor  of 
state , . . .  ? .442-445  268-27Q 


INDEX. 


515 


COUNTY  COMMISSIONERS—                                                       SEC.  PAGE 
County  auditors  and  treasurers  to  report  to,  on  common 

school  fund  442-445       2(58-270 

COUNTY  HIGH  SCHOOLS—  See  III«h  Schools. 

COUNTY   SEMINARIES— 

Fund  from  sale  of 344  287 

COUNTY  SUPERINTENDENT 29-58  4G  -09 

Appeal  from,  in  regard  to  success  grading,  to  superin- 
tendent of  public  instruction 48  63 

Appeal  from,  to  superintendent  of  public  instruction ....     35  52 

55  68 

Appeal  to,  from  township  trustee 54  67 

Appeal  to,  in  matter  of  transfer  of  orphan  pupils 229  166 

Appeal  to,  in  matter  of  transfer  of  pupils 221  161 

Apportionment  of  funds 51  66 

Assistant    34  52 

Bond  29  46 

Bond,  special   492  298 

504  304 

Cities  exempt  from  superintendence 36  53 

Commencement  exercises  attended  by 37  53 

Duties 35  52 

Election   ". ...     29  46 

Eligibility    31  50 

Enumeration   49  64 

Enumeration    reported    annually    to    superintendent    of 

public  instruction   50  64 

Enumeration  retaken  50  65 

Examination  of  teachers 38  54 

Examinations  for  graduation 37  53 

Examinations  for  state  license  held  by 43  59 

Examinations  in  special  branches  (commissioned  high 
school  teachers,  drawing,  art,  physical  culture,  kin- 
dergarten, etc.)  . .' 114  103 

Failure  to  report  enumeration 50  65 

Hygiene  and  sanitary  science  leaflet,  distributed  by 182  138 

Impeachment    30  47 

Inspection  of  official  dockets,  records,  books  of  account, 

etc.,  dealing  with  school  funds 52  60 

Interest  on  school  fund  paid  and  apportioned  by 53  67 

Licenses  issued  by 38  55 

Losg     of     common     school     fund— Reimbursement     by 

county  superintendent  53  67 

Medical  inspection  printed  rules,  to  be  sent  to 142  116 

Member  of  county  board  of  education 87  85 

Oath    29  46 

Office  and  office  supplies. 41  59 


516 


SCHOOL    LAW    OF    INDIANA. 


COUNTY  SUPERINTENDENT— Continued.                               SEC.  PAGE 
One  member  of  state  board  of  education  to  be  a  county 

superintendent   24  34 

Petition    to,    in    regard    to    changing    site    of    school- 
house  156-158  122-123 

Private  normal  schools— Interest  in 56-58  69 

Record  book 39  53 

44  62 
Record    of    applicants    for    license,    revocations,    etc., 

kept  by 39  58 

44  62 

Report  annually  to  superintendent  of  public  instruction    50  65 
Report  on  condition  of  common  school  fund,  at  request 

/of  superintendent  of  public  instruction 17  31 

Revocation  of  licenses 40  58 

Salary  in  the  several  counties 32  50 

School  trustees  to  file  enumeration  with 85  84 

School  trustees  to  report  to 77  79 

Success   grades   of   applicants    for    state   license,    fur- 
nished by 43  61 

Success  grades  of  teachers  granted  by 46  63 

Success  grades  of  teachers  issued  and  recorded  by 47  63 

Teachers'  -institutes   35  52 

Term  of  office 29  46 

Text-book,  revision  <621-525  314-319 

•  Text-books,  sold  by   (repealed) 489-496  295-300 

(See  text-books,  sale) 498-499  301-303 

501  301 

512-519  308-313 

Town  or  township  deficiency  reported  to 337  232 

Traveling   expenses    i 33  51 

Vacancy  29  46 

COUNTY  TREASURER— 

Report  on  condition  of  common  school  fund  at  request 

of  superintendent  of  public  instruction . . .- 17  31 

DEAF— 

Compulsory  education   538  325 

DEBTS  454-482  274-290 

Emergency  school  township  debts  legalized 88  86 

School  township  debts  legalized 89  88 

Township  debt  certificates  legalized  and  paid 95-98  90-92 

DEFICIENCY— 

Counties,  in  common  school  fund 347  238 

Town  or  township  school  revenue 337-340  232-234 

DEPENDENT    CHILDREN— See    Orphans— Indigent    Chil- 
dren— Compulsory  Education. 


INDEX. 


DEPOSITORIES— See  Public  Depositories. 


517 


SEC. 


PAGE 


DISPENSARIES— 

Relief  provided  for  indigent  children,  after  medical  in- 
spection       141  115 

DOG  TAX 343  234 

Hydrophobia  fund  from 346  238 

DOMESTIC  SCIENCE— 

Teachers  to  be  examined  in  special  branch 114  103 

DONATIONS  AND  BEQUESTS— 

Conditional  gift 165  126 

County  high  schools,  trustees 169-171  128-130 

Income  from  gifts 166  126 

Identity  of  gift  not  to  be  lost 168  128 

Libraries— Gifts  to  cities  and  towns 731  388-389 

Purdue  university 695  371 

710  376 

School  corporations  to  receive,  etc 164-168  126-128 

Schoolhouses  in  unincorporated  towns 161-163  124-126 

State  normal  school 551-567  331-335 

Trustee  for  gift 167  127 

DRAWING    TEACHERS— See    Supervisors    of    Music    and 
Drawing. 

EDUCATIONAL  INSTITUTIONS— 

Legislative  reference  department  of  state  library  to  co- 
operate with 786      411-412 

ELEMENTARY  SCHOOLS— 

Defined  .  .  133  112 


EMERGENCY  DEBTS— See  Debts. 

EMINENT  DOMAIN— 

School  board  has  power  of— Cities  of  the  first  class 263  188 

ENUMERATION  OF  SCHOOL  CHILDREN— 

Compulsory  education  547  329 

County  auditor  to  make  a  statement  of,  when  county 

lines  divide  school  township 354  241 

County  superintendent  to  make  in  certain  cases 49  64 

County  superintendent  to  retake 50  65 

County  superintendent's  failure  to  report 50  65 

Enumerators  appointed  by  school  trustees,  salary,  etc..     84  82-84 

Orphans   227  165 

Report  of,  in  superintendent's  report  to  Governor 12  29 


518 


SCHOOL    LAW    OF    INDIANA. 


ENUMERATION  OF  SCHOOL  CHILDREN— Continued.        SEC.  PAGE 
Report  of,  to  superintendent  of  public  instruction,  by 

county  superintendent  50  <34 

Retaking    '. 50  (U 

85  85 

School  trustees  to  tile  with  county  superintendent 85  84 

School  trustees  to  take,  and  who  enumerated 84-85  &4-S5 

To  determine  three   largest  cities,   whose   superintend- 
ents shall  be  members  of  state  board  of  education 24  ,°>4 

E  STRAYS— 

Fund  from    345  238 

EXAMINATIONS— See  Teachers— Examination. 

EXEMPTION     LICENSES— See    Teachers— Examination- 
Teachers — Licenses, 

FARMERS'  INSTITUTES— 

Purdue  university  712-716  377-379 

FARMERS'  READING  COURSES 711  377 

FIRE  ESCAPES 186-191  139-143 

FLAG 144-147  110-117 

FRATERNITIES— See  Secret  Societies. 

GERMAN— 

Instructors  in,  provided  by  school  trustees 123  108 

Teachers  to  be  examined  in  special  branch 114  103. 

GOVERNOR— 

Indiana  University,  a  member  of  board  of  visitors 603  34& 

Proclamation  announcing  text-book  contract 488  295 

585  322 

GRADUATION  EXAMINATIONS— 

County  superintendent  to  provide  for 37  51? 

1IERRON  ART  INSTITUTE,   Indianapolis 272  195-197 

HIGH  SCHOOLS— 

County— Donations  169-171  12&-13O 

Courses  in  commissioned  and  non-commissioned 133  1  12: 

Courses   of   study 134  112: 

Defined  133  112: 

Joint  high  schools 212-218  155-15T 


INDEX. 


519 


HIGH   SCHOOLS— Continued.                                                        SEC.  PAGE 

Joint  graded,  established  by  school  trustees 70  76 

School  trustees  to  establish  graded,  under  certain  con- 
ditions       70  7» 

Teachers  to  IK>  examined  in  special  branches   (commis- 
sioned)      114  103 

Term — Continuance  by  school   trustees 119*  10G 

HYDROPHOBIA    FIND    346  238 

HYGIENE  AND  SANITARY  SCIENCE  TO  RE  TAUGHT..   182  138 

IMPEACHMENT— 

County"  superintendent    30  47 

INCORRIGIBLE  CHILDREN— 

Home  for,  or  custodial  institution 544-545  328-329 

1NDEBTEI  )NESS 454-^82  274-290 

INDIANA  UNIVERSITY  574-691  339-301) 

Agricultural  department  616  351 

Alumni 589-592  345-346 

Board  of  visitors 603-605  348-349 

Building  and  repairs 614  351 

Faculty 597-599  347-348 

Faculty  lectures 609  3oO 

Fund  621-690  353-369 

Geological  examinations  and  specimens 610  350 

Lectures  in  counties 609  350 

Library  619  352 

Loans  of  funds 621-690  353-369 

Medical  school .  691  369 

Normal  department  615  351 

Permanent  endowment  fund  575-580  340-342 

Permanent  endowment  fund — Loans — Interest 402  255 

Reports  608  349 

611-612  350-351 

Scholarship  %. 617-618  351-352 

Sessions  advertised  613  351 

State  geologist  a  member  of  faculty 620  352 

Tax  for  321-323  223-225 

Treasurer  602  348 

607  349 

Trustees  581-598  342-345 

607-608  349-350 

618  35f 

083-685  366-367 


520 


SCHOOL    LAW    OF    INDIANA. 


INDIANAPOLIS    SCHOOLS— See    Schools— Cities    of    the 
first  class. 


BEO. 


INDIGENT  CHILDREN— 

Appropriations  for   122 

Compulsory  education 543 

Relief  provided,  after  medical  inspection 141 

Text-books 500 

INSTITUTES — See    Teachers'     Institutes — Farmers'    Insti- 
tutes. 

INTOXICATING  LIQUORS— LICENSES— 

Fund  from    344 

JANITORS— 

Dismissal — Cities  of  first  class 243 

Medical  examination  of 141 

Physical  qualifications 181 

School  trustees  to  provide,  for  school  property 72 

JOURNALS  OF  ASSEMBLY  AND  DOCUMENTARY  JOUR- 
NALS— 

Superintendent  of  public  instruction  to  furnish  to  com- 
mon  school   libraries 21 

JOINT  SCHOOLS 192-218 

Control  193-194 

Emergency — Advisory  board  township  trustees  to  act . . .  198 

Expense  of  establishing  and  maintaining 193-194 

197 

Graded  joint  schools 195 

High  schools 212-218 

Towns  and  township  to  join 208-211 

Towns  and  township  to  join — Control 211 

Towns  and  township  to  join — Cost 210 

Towns  and  township  to  join — Election     .- 209 

KINDERGARTEN— 

Established  by  school  trustees 135 

Tax,  collected  and  disbursed 

Tax,  levied  for 136 

Teachers  to  be  examined  in  special  branch 

Teachers — Rules  of  state  board  of  education  in  regard 
to  examination    of 27 

LI  CENSES— See  Teachers— Licenses— Intoxicating   Liquors 
— Licenses. 


PAGE 


INDEX. 


521 


LIBRARIES— See,     also,     State     Library — Public     Library 

Commission.  SEC. 


PAGE 


LIBRARIES   722-769  382-383 

Bonds   767  406-407 

City  and  town 722-736  382-392 

746-748  396-398 

76&-769  407 

Cities  and  towns — First  class 240-243  175-178 

Cities  and  towns— 30,000  population    762-766  402-406 

Cities  and  towns— 15,000  to  30,000 766-767  405-407 

Cities  and  towns— 3,500  to  4,000 749-754  398-400 

Cities  and  towns— Boards    722-727  382-386 

732  390 

Cities  and  towns — City  treasurer's  report 733  390 

Cities  and  towns — Donations    731  388-389 

Cities  and  towns — Parks  used  for 761-762  402 

Cities  and  towns — Real  estate  759-760  401-402 

Cities  and  towns — School  trustees,  etc.,  to  establish . . .  746  396-397 

City  and  town— Subscriptions   722-723  382-383 

728  389 

City  and  town — Tax    728-729  387-388 

735  390-392 

748  397-398 

751  399 

755  400 

763  402-404 

766  405-406 

City  and  town — Township  to  use 730  388 

735  390-392 

Cities  and  towns — Transfer  to  property 768-769  407 

Common  school  libraries — Superintendent  of  public  in- 
struction to  furnish  with  journals  of  assembly,  acts 

and  documentary  journals 21  32 

Indiana  university   619  352 

Library  associations  740  394 

State  libraries  to  furnish  with  state  publications 744  396 

784-785  411 

Township 742-743  394-396 

755-758  400401 

Township — County  board  of  education  to  manage 87  85 

LIFE  STATE  CERTIFICATES— See  Teachers— Licenses. 


MANUAL  TRAINING— 

Schools,  in  cities  of  first  class. 


.267-269      189-190 


MEDICAL  INSPECTION  OF  SCHOOL  CHILDREN.  .  .138-143  114-116 

Cities  of  first  class 275-276  198-199 

Exemption  from    . . . : 141  115 

Inspection  when  epidemics  break  out .   181  137 


522 


SCHOOL    LAW    OF    INDIANA, 


MEDICAL  SCHOOLS—  tfic.          PAGE 

Indiana  university   691  369 

MISCELLANEOUS  SCHOOL  FUND  ACCOUNT 447-449       270-271 

MODEL  SCHOOL— 

State  normal  school  558  333 

MUSIC  TEACHERS— See  Supervisors  of  Music  and  Draw- 
ing. 

NARCOTICS— 

Instruction  in  effect  of 124  108 

Teachers  examined  in  subject 102  98 

NIGHT  SCHOOLS 149-150  118 

Cities  of  first  class 273  197 

NORMAL  SCHOOLS— See,  also,  State  Normal  School. 

NORMAL  SCHOOLS 568-573  330-338 

"Accredited"  granted  to 572-573  337-338 

Courses  of  study 569-570  337 

Indiana  university  department 615  351 

Private — County  superintendent  not  to  have  interest  in.56-58  69 

NURSES— 

Cities  of  first  class — Medical  inspection 275  198 

ORPHANS— 

Transfer  of  pupils 227-231       164-167 

PARKS— 

Libraries  in  cities  and  towns  to  use 761-762  402 

PHYSICAL  CULTURE— 

Teachers  to  be  examined  in  special  brandies 114  103 

PLAYGROUNDS— 

Cities  of  first  class 280-282      201-202 

(For  playgrounds   in   cities   of   the   second,   third   and 
fourth  classes,  see  Acts  of  1909,  p.  197.) 

POLITICAL  PARTIES— 

Use  of  schoolhouse  by 153  120 

POOR  ASYLUMS— 

Appropriations  for  education  of  children  in 122  107 

POOR  CHILDREN— See  Indigent  Children. 


INDSX. 


523 


PRIVATE  SCHOOLS—                                                                   SBC.  PAGB 

Transfer  of  pupils  to 219  150 

Use  of  schoolhouse  by 152  119 

PUBLIC  ACCOUNTING  BOARD 828-860  444  163 

School   fund 829  444 

PUBLIC  COMFORT  STATIONS— 

Cities  of  the  first  class 280-282  201-202 

PUBLIC  DEPOSITORIES 801-825.  424-438 

School  and  township  boards  of  finance 809  428 

State  schools  and  educational  institutions 819  435 

PUBLIC  IMPROVEMENTS— 

School  property  liable  for  and  former  payments  legal- 
ized    176-177  132-133 

PUBLIC    INSTRUCTION,    SUPERINTENDENT    OF— See 
Superintendent  of  Public  Instruction. 

PUBLIC  LIBRARY  COMMISSION 737-741  392-394 

745  396 

PUPILS— 

Compulsory  education  and  truancy 538-550  325-330 

Epidemics    " 181  137 

Medical  inspection    138-143  114-116 

Medical  inspection— Cities  of  the  first  class 275-276  198-199 

Transfer 219-232  158-167 

Transportation  202-204  151 

Uncleanliness   180  134 

181  137 

PIJRDUF  UNIVERSITY 693-721  370-381 

Agricultural  college  scrip 692  370 

694  370 

Agricultural  experiment  station 719-721  380-381 

County  students 707-708  375 

Donations  695  371 

710  376 

Extension  department  714  378 

Farmers'  institutes .712-716  377-379 

Farmers'  reading  courses 711  377 

Fund  709  376 

John  Purdue— Privileges 701-702  373 

Name .697-698  371-372 

Rural  improvement 712-717  377-379 

Tax  for 321-323  223-225 

Trustees  321-323  223-225 

693  370 

U.  S.  grant,  acceptance  of 718  879 


524 


SCHOOL    LAW    OF    INDIANA. 


RELIGIOUS  DENOMINATIONS—                                               SEC.  PAGE 

Use  of  schoolhouses  by 153  120 

RURAL  IMPROVEMENT  712-716  377-379 

SALINE   FUND 344  237 

Constitutional  provision   2  26 

SCHOLARSHIPS— 

Indiana  university   617-618  351-352 

SCHOOL  BOARDS— 

Cities  of  first  class   233-299  168-211 

Cities  of  55,000  to  63,000 300-307  212-216 

Cities  of  45,000  to  50,000 308-313  217-219 

Libraries  established  by 746  396 

SCHOOL  BOOKS— See  Text-books. 

SCHOOL  CITY 73  78 

SCHOOL   DIRECTORS    125  109 

129-132  111-112 

Appeal  from  the  township  trustee 131  112 

Duties 129  111 

Election  and  removal 125  109 

Exclusion  of  pupils  by 131  112 

Inspection  of  school  by 131  112 

Schoolhouse  and  property  in  charge  of 130  111 

Vacancy  127  110 

SCHOOLHOUSES — See,   also,   Joint   Schools — School   Prop- 
erty. 

SCHOOLHOUSES 151-191  119-143 

Annexed  territory  159-160  123-124 

Blackboards 180(d)        135 

Bonds  issued  for  construction  of 454-482  274-290 

Building  laws 180(b)        134 

Cleaning 181  136 

Cloakrooms 180(d)        135 

Disinfection 181  137 

Donations  and  bequest  for,  in  unincorporated  towns .  161-163  124-126 

Drinking  arrangements  180(e)        135 

Doors  swing  outward 179  133 

Fire  escapes  and  inspection 186-191  139-143 

Heating 180(f )         135 

Levy  for  sanitary  building  and  furnishing 183  138 

Lighting   180(c)        134 

Medical  examination  of . . .                                 141  115 


INDEX. 


525 


SCHOOLHOUSES— Continued.                                                       SEC.  PAGE 

New,  duties  of  trustees  and  advisory  board 797  421 

Outhouses    180(g)        136 

Private  schools  to  use 152  119 

Purchase  of  real  estate  for,  appraisement 172-175  130-132 

Repairs  and  removal  to  be  directed  by  school  meetings 

estimate  of  cost 127-128  111 

Sale  of  land  when  schoolhouse  is  moved 154  120 

Sanitation    180-184  134-139 

School  director  to  have  charge  of 130  111 

Seating    180(c)         134 

Site  changes  156-158  122-123 

Sites    180(a)        134 

Special  school  fund  collected  for 178  133 

Tax  to  complete 320  223 

Temperature   181  136 

Township  to  use  buildings  in  towns 185  139 

Use  of  for  other  purposes 153  120 

Ventilation    180(f )         135 

Water-closets 180 (g)        136 

Water  supply  180(e)        135 

SCHOOL  LANDS— 

Sale  of  349-373  240-247 

Lands  of  surplus  revenue  fund,  sale  of 392  252 

Swamp  lands,  fund  from  sale  of 344  237 

SCHOOL  LAWS— 

Superintendent  of  public  instruction  to  publish.  .......     20  32 

SCHOOL  MEETINGS   125-127  109-111 

SCHOOL  OFFICERS— 

See  also  Township  Trustee — School  Trustees — City  Su- 
perintendent— School  Directors — School  Board. 

SCHOOL  OFFICERS— 

Administration  of  oaths GO  71 

Compulsory  education,  reports  on,  to  superintendent  of 

public  instruction,  etc 542  328 

Women  eligible  to  be 61  71 

Women,  to  give  bond 62  71 

SCHOOL  PHYSICIAN— 

Appointment   140  114 

Duties 141  115 

Qualifications    140  114 

SCHOOL  PROPERTY— 

See  also  Joint  Schools — Schoolhouses. 


526 


SCHOOL    LAW    OF    INDIANA. 


SEC.  PAGE 

SCHOOL  PROPERTY 151-191  119-143 

Janitors  for,  provided  by  school  trustees 72  77 

Public  improvements,  liability  for  and  former  payments 

legalized  176-177  132-133 

Purchase    of    real    estate    for    schoolhouse — Appraise- 
ment  172-175  130-131 

Sale  by  school  trustee  and  sale  legalized 99-100  92-93 

Sale  of,  when  school  is  moved 154  120 

School  director  to  have  charge  of 130  111 

Title  to  school  lands 151  119 

SCHOOL  SUPPLIES— 

County  superintendent,  acting  as  agent  for.   to  be  im- 
peached       30  47 

SCHOOL  TOWN  73  78 

SCHOOL  TOWNSHIP    '. 59  70 

73  78 

SCHOOL  TRUSTEES   59-100  70-93 

See  also  Township  Trustee. 

SCHOOL  TRUSTEES— 

Abandonment   of   schools .' 199  148 

Abandonment  of  schools  in  towns  of  1,500 205  151 

Accounts  inspected  81  81 

Administration  of  oaths 60  71 

Bond,  before  negotiating  bonds  or  notes 463  280 

475  287 

Bonds   69  75 

Chairman  to  be  member  of  county  board  of  education ...     87  So 
Cities   over  .50,000   excepted   from   school   trustee   pro- 
visions      68  74 

Compulsory  education — Names  of  children  furnished  by.  548  330 

Duration  of  school  term  maintained  by 71  77 

Duties 67  72 

70  75 

Election    67  72 

Enumeration  taken  by,  and  who  enumerated 84-85  82-^5 

Examination  of  books  82  81 

Failure  to  make  report  78  SO 

Failure  to  serve 80  81 

German  language  instruction  provided  by 123  108 

High  school  term — Continuance  of 119^  100 

Indigent  children,  aid  to r>4.°,  -".28 

Indigent  children — Relief  for  after  medical  inspection..   141  115 

Janitors  for  school  property  provided  by 72 

Joint*  school  established  by 192  144 


INDEX. 


527 


SCHOOL  TRUSTEES— Continued.                                               SEC.  PAGE 

Joint  school  1'or  town  and  township .L'O.x  211  153-155 

Kindergarten  established  by  135  113 

Libraries   established    by    746  390 

Medical  inspection  instituted  by 138  114 

Neglect  of  duties 79  81 

Night  schools  maintained  by  149-150  118 

Purchase  of  real  estate  for  schoolhouse — 

Appraisement    172-175  130-132 

Record  of  proceedings  and  revenue 74  78 

Removal  83  82 

Report    77  79 

Salaries 07  73 

Sale  of  property 154  120 

Sale  of  school  property  and  sale  legalized 99-100  92-93 

School  bond  sales  legalized 93-94  90 

School  director  to  notify,  of  his  election 125  109 

School  physician  appointed  by   % 140  114 

Sinking  fund  for  payment  of  bonds,  provided  by 400  279 

Superintendent  in  cities  and  towns,  appointed  by 76  79 

Teachers  employed  by 70  75 

Teachers  of  private  school  in  schoolliMise  to  report  to. . .   152  120 

Teachers  to  report  to 107  100 

Term  of  office 07  73 

Text-books,  sale  by    (repealed) 489-490  295-300 

See  also  Text-books— Sale   498-499  301-313 

501  303 

503-506  304-306 

512-520  308-314 

Title  to  school  lands  procured  by 151  119 

To  be  clerk  and  treasurer  of  township,  city  or  town,  for 

school  purposes   73  78 

Transfer  of  pupils   219-232  158-167 

Vacancies 67  73 

69  75 

Women  eligible  to  be   "... 61  71 

Women,  to  give  bond 62  71 

SCHOOLS- 
SCO  also  High  schools — Kindergartens — Joint  schools. 

Schools   118-150  10(5-118 

Bible  iii    118  100 

Branches  taught    123  108 

Calendar '. 120  107 

Colored  children   121  107 

Common  schools  defined   133  112 

Exclusion  of  pupils  by  school  director  131  112 

Flag,  purchase,  display,  mutilation  144-147  116-117 

Hygiene  and  sanitary  science  taught 182  13S 

Indigent  children,  appropriation  for 122  107 


528 


SCHOOL    LAW    OF    INDIANA. 


SCHOOLS — Continued.                                                                      SEC.  PACE 

Inspection  by  school  director 131  112 

Instruction  in  effect  of  alcohol  and  narcotics 124  108 

Medical   inspection 138-143  114-110 

Night  schools   149-150  118 

School   director    125  109 

129-132  111-112 

School  meetings,  powers,  etc 125-127  109-111 

School  year,  beginning  of 127  110 

Secret  societies   148  117 

Star  spangled  banner 147$  117 

Term,  high  school — Continuance 119$  106 

Terms,  uniformity  in  length  of 119  106 

Voters'    meetings    ..125-127  10&-111 

SCHOOLS— CITIES  OF  FIRST  CLASS 233-299  168-211 

Appointment  or  discharge  of  employes 243  178 

Art  association,  aid  to 272  196-197 

Board  of  commissioners   . . 233-299  168-211 

Board  of  commissioners — Accountants  to  examine 

books  of  ' 251  181 

Board  of  commissioners — Auditor,  city  comptroller 

to  be  245  179 

Board  of  commissioners — Eminent  domain 263  188 

Board  of  commissioners — Removal   264  188 

Bonds   271  193-194 

Business  director 241-255  175-183 

Contracts  253-254  181-182 

Finance 245-257  179-185 

260  186 

265  189 

Manual  training  schools  267-269  189-190 

Medical  inspection    275-276  198-199 

Night  schools   273  197 

Old  school  board 259  185 

Public  playgrounds,  baths,  comfort  stations 280-282  201-202 

Superintendent  242  176 

Tax  levy   257  184 

265  189 

269-270  190-193 

Tax  levy  for  health  inspector  276  199 

Teachers— Pensions 283-299  202-211 

Trade  and  industrial  schools  277-279  199-200 

SCHOOLS— CITIES  OF  55,000  to  63,000 300-307  212-216 

SCHOOLS— CITIES  OF  45,000  to  55.000 308-313  217-219 

SECRET  SOCIETIES   .                                                                    .   148  117 


INDM. 


SINKING  FUND—                                                                           SEC.  PAGE 

Interest  on,  to  be  apportioned 342  234 

Provided  by  school  trustees,  to  pay  for  bonds 460  271) 

SPECIAL  SCHOOL  FUND— 

Collected  for  schoolhouse  178  133 

Levy  for  sanitary  building  and  furnishing  of 

schoolhouse   183  138 

Tax  for 316  220 

STAR  SPANGLED  BANNER 147*  117 

STATE  BOARD  OF  EDUCATION  24-28  34-45 

Definitions  of  words Ill  102 

Duties 25  35 

Examination  questions  furnished  by,  to  county 

superintendents  38-13  54-59 

Examinations  by  county  superintendent  in  special 

branches,  papers  to  be  sent  to 114  104 

Members 24  34 

Pay  and  mileage 28  44 

Rules  for  medical  inspection 142  116 

Rules  for  teachers  licenses  and  examination 27  36-44 

Standard  of  all  licenses  fixed  by * . .  43  62 

State  normal  school,  committee  of  three  to  visit 564  334 

State  teachers'  training  board,  to  constitute 568-573  336-338 

Text-books,  duties  in  regard  to 483-488  291-295 

497  300 

STATE  BOARD  OF  HEALTH— 

Hygiene  and  sanitary  science  leaflet 182  138 

Rules  for  disinfecting  school  buildings 181  136 

Rules  for  medical  inspection  142  116 

STATE  GEOLOGIST— 

Indiana  university  faculty,  to  be  a  member  of 620  352 

STATE  LIBRARY  770-788  408-412 

Indiana  university  library,  certain  books  sent  to, 

from  619  352 

Legislative  reference  department — Co-operation  with 

educational  institutions 786-788  410-412 

Librarian  to  furnish  libraries  with  state 

publications   744  396 

STATE  NORMAL  SCHOOL  551-567  331-335 

Tax  for 321-323  223-226 

STATE  TEACHERS'  TRAINING  BOARD— 

State  board  of  education  to  constitute  568-573  336-338 

[34—27277] 


530  SCHOOL    LAW    OF    INDIANA. 

STATE  UNIVERSITY—  SEC.          i>Aafe 

See  Indiana  University. 

STATISTICS  OF  SCHOOLS— 

Report  of,  in  superintendent's  report  to  geuer.il  assembly     13  80 

SUCCESS  GRADES— 

See  Teachers — Success  Grades. 

SUITS— 

Against  school  trustee  for  neglect  of  duty 79  81 

County  superintendent  to  bring,  to  recover  school  funds.     52  CO 

Failure  of  county  superintendent  to  report  school 
enumeration    50  G5 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 9-23  28-33 

Appeal  to,  from  county  superintendent 35  52 

55  GS 

Appeal  to,  in  matter  of  transfer  of  orphan  pupils 221)  166 

221  101 

Apportionment  of  funds  324-325  220 

328  227 

Blanks  and  forms  prepared  and  furnished  by is  32 

Bookkeeping  methods  prescribed  for  county  auditors  and 

treasurers    19  32 

Clerks 11  28 

Commencement  of  term 10  28 

Compulsory    education,    reports    on,    by    school    officers 

and  teachers  542  328 

Constitutional  provisions 8  27 

County  superintendent  to  report  annually  to 50  64 

Deficiency  in  town  or  township  school  revenue 337-338      332-333 

Duties  11  28 

14  30 

Election 9  28 

Enumeration  reported  to,  by  county  superintendent 50  64 

Examination  of  school  fund  in  each  county 50 

Hygiene  and  sanitary  science  leaflet 182  138 

Indiana  university,  a  member  of  board  of  visitors  of . . .  603  348 

Indiana  university,  reports  to 60S  349 

Institution  of  necessary  suits   at  law  for  recovery  of 

school  funds  1C 

Itemized  statement  of  fees  for  state  license 43  60 

Items  for  teachers'  success  grades,  provided  by 23 

45  62 

Journals  of  assembly,  acts  and  documents,  journals  fur- 
nished to  common  school  libraries  by 21 

Manuscripts  of  examinations  for  state  license,  sent  to. . .     43  60 

Oath 10 

Office  at  seat  of  government 11 


INDEX. 


531 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— Continued. 

8EC.  PAGE 

Opinions  rendered  on  administration  or  construction  of 

the  school  law 11  28 

President  of  state  board  of  education 24  34 

Report  of  state  board  of  education 24  34 

Report  to,  by  county  auditor,  of  common  school  fund...  347  238 
Report  to,  by  county  commissioners  of  common  school 

fund 442-445      268-270 

Report  to  general  assembly 13  29 

Report  to  Governor 12  29 

Reports  on  school  funds  from  county  auditors,  super- 
intendents, treasurers,  trustees,  etc.,  on  request ,     17  31 

School  laws  published  and  distributed  by 20  32 

Success  grades  may  be  appealed  to 48  63 

Supervision  of  school  funds 16  31 

Teachers'  life  license  from  other  States  to  be  counter- 
signed by  22  32 

Term  of  office 9  28 

Text-book  law,  printed  and  supplied  by 510  308 

528    .          320 

Text-books— Revision  520-525      313-319 

Transfer  of  pupils— Payments  adjusted  by 222  162 

Traveling  expenses  15  31 

SUPERINTENDENT  OF   SCHOOLS— 
See  City  Superintendent. 

SUPERVISORS  IN  MUSIC  AND  DRAWING— 

Examination  in  special  branches 114  103 

Examination — Rules  of  state  board  of  education 27  40 

SUPPLEMENTARY  TUITION  FUND 318  222 

SURPLUS  REVENUE  FUND— 

Constitutional  provision    2  26 

Sale  of  lands 392  252 

SWAMP  LANDS— 

Fund  from  sales  of 344  237 

TAXATION 314-323       220-225 

Advisory  board;  duties  of 791-792       414-416 

<  'oinpulsory  education    546  329 

Libraries,  city  and  town,  tax  levy  for 722  382 

728-729  387 

735  390 

748  397 

751  390 

755  390 

763  402 

766  406 


532 


SCHOOL    LAW    OF    INDIAHA. 


TAXATION— Continued.                                                                SEC.  PAGE 

Special  school  tax  316  220 

Special  tax— Cities  of  45,000  to  55,000 311  218 

State  institutions,  tax  for  321-323      223-225 

State  tax  levy  314  220 

State  university  endowment  fund 575  340 

Supplementary  tuition  fund   318  222 

Tax  for  bonds 456  275 

460  279 

462  280 

467  283 

471  284 

477  287 

Tax  levy — Cities  of  first  class 257  184 

265  189 
269-270   190-193 

Tax  levy— Cities  of  first  class— Health  inspector 276  199 

Tax  levy — Cities  of  first  class— Playgrounds 282  201 

TEACHERS 101-117  94-105 

Compulsory  education,  report  on,  to  superintendent  of 

public  instruction,  etc 542  328 

Contracts,  blanks  for 106  99 

Contracts,  form  of,  see  note  2 101  95 

Contracts,  in  writing 105  99 

Contracts,  made  with  township  trustee  unlawful  under 

certain  conditions 104  99 

Definition  of  teacher 299  211 

Dismissal  101  94 

Dismissal — Cities  of  first  class 243  178 

Employment  101  94 

Employment — School  trustees,  township  and  city  to 

employ  70  75 

Examination — Alcohol  and  narcotics 102  98 

Examination — Cities  of  first  class 240  175 

273  197 

Examination — Common  school  graduates 27  36 

Examination — County  superintendent  to  conduct 38  54 

Examination — County  superintendent  to  hold  for  state 

license  43  59 

Examination — Exemption  38  55 

115  104 

116  105 

Examination— F«e  26  36 

Examination — High  school  undergraduates 27  36 

Examination,   in  special  branches    (commissioned  high 

schools,  drawing,  art,  physical  culture,  kindergarten, 

etc.)     114  103 

Examination,  in  special  subjects 112  102 


INDEX. 


533 


TEACHERS— Continued.                                                              SEC.  PAGE 

Examination — Rules  of  state  board  of  education 27  36- 11 

Examination,  state  board  of  education  to  conduct 26  36 

Examination  questions,  traffic  in,  prohibited 42  59 

Failure  to  teach 103  99 

Insults  by  parent,  etc 113  103 

License — Classification    38  54 

License — Classification  of  state  licenses 43  61 

License,  county  superintendent  to  issue 38  54 

License — Exemption  license  38  56 

License — Fee  for  state  license 43  60 

License — Record  of  applicants,  revocations,  etc.,  kept  by 

county  superintendent   39  58 

44  62 

License — Rules  of  state  board  of  education 27  36-44 

License — Standards  fixed  by  state  board  of  education . .     43  62 

License — State  board  of  education  to  grant 26  35 

License — State    license    examinations    held    by    county 

superintendent   43  59 

License — Teaching  without   101  94 

License  for  life,  of  teachers  from  other  States,  to  be 

countersigned  by  superintendent  of  public  instruction    22  32 
License — Revocation  in  power  of  county  superintendent    40  58 
License  revocation,  record  of  to  be  kept  by  county  super- 
intendent        39  58 

44  62 

Medical  examination  of 141  115 

Normal   schools    568-573      336-338 

Normal  schools — Indiana  university 615  351 

Normal  schools — State  normal  school 551-567      331-335 

Pensions — Cities  of  first  class 283-299      202-211 

Physical  qualifications 181  .137 

Private  schools  in  schoolhouse,  report  to  the  trustee 152  119 

Qualifications   109  101 

Report  to  trustee 107  100 

Report  to  trustees — Penalty  for  failure  to  make 107  100 

Salary — Minimum  wages   108  100 

Salary— Payment  at  less  rate 110  102 

Success  grades  as  a  factor  in  salary 108  100 

Success  grades,  county  or  city  superintendent  to  furnish. 

of  applicant  for  state  license 43  61 

Success  grades,  county,  city,  and  town  superintendents 

to  grant  46  63 

Success  grades,  county,  city,  and  town  superintendents 

to  issue  and  keep  record  of 47  63 

Success  grades,  superintendent  of  public  instruction  to 

provide  schedules  for 23  33 

45  62 
Success  grades,  unfair  grading  in,  may  be  appealed  to 

superintendent  of  public  instruction 48  63 


534 


SCHOOL    LAW    OF    INDIANA. 


TEACHERS— Continued.                                                                SEC.  PAGB 

Terms  of  employment 104  99 

Test  of  sight  .and  hearing  of  children 138  114 

TEACHERS'   INSTITUTES 861-8G4  464-465 

County  superintendent  to  conduct  35  52 

Credit  for  attending 108  101 

861 

Pay  for  attending 117  105 

861  464 

Township 861  464 

TECHNICAL  INSTITUTE,  Indianapolis   277-279  199-200 

TECHNOLOGY  INSTITUTE— 

Purdue  University,  donation  for 710  376 

TEMPERANCE— 

Instruction  in  effect  of  alcohol  and  narcotics 124  108 

Teachers  examined  in  subjects  of  alcohol  and  narcotics.   102  98 

TERM  OF  SCHOOL— 

Duration    71  77 

High  school — Continuance  of 119i  106 

TEXT-BOOK    483-537  291-324 

Bids    484-485  292-293 

497  300 

502  304 

Contracts    485^89  293-295 

493-494  298-299 

508  306 

512  308 

527  319 

535-537  322-324 

County  board  of  education  to  change 87  86 

Governor's  proclamation  announcing  contract 488  295 

535  322 

Indigent  children   500  303 

Name  and  price  on  cover 509  307 

Reading  primer  530-532  320-321 

Revision 520-525  313-319 

Sale    , 534-537  321-324 

Sale  by  school  officers  (repealed) 489-496  295-300 

498-499  301-303 

501  303 

503-506  304-306 

512-520  308-314 

State  board  of  education— Duties. .                            ,  ,483-537  291-324 


535 


TEXT-BOOK— Continued.                                                                SEC.  PAG* 
Superintendent  of  public  instruction  to  lmv«  law  printed 

and  distributed   510  308 

528  320 

Uniformly  used , , 507  800 

TOWN  SUPERINTENDENT— 

See  also  city  superintendent. 

TOWN  SUPERINTENDENT— 

Success  grades  of  teachers  given  by 46  <'•"> 

Success  grades  of  teachers  issued  and  recorded  by 47  03 

TOWN  TRUSTEES— 
See  school  trustees. 

TOWNSHIP— 

In  more  than  two  counties 80  $5 

TOWNSHIP  ADVISORY  BOARD— 

See  advisory  board  of  township. 

TOWNSHIP  INSTITUTES— 

County  superintendents  to  attend .",">  52 

County  superintendent  to  hold  a  preliminary   institute 

before  opening  of  schools 37  54 

TOWNSHIP  LIBRARIES— 

See  libraries — Township. 

TOWNSHIP  TRUSTEE   59-100  70-93 

See  also  school  trustees. 

Abandoned    school     property    conveyed     to,     by     town 

trustee    , .  .206-207  152-153 

Abandonment  of  schools 199-201  148-150 

Accounts  inspected   81  81 

Administration  of  oaths  60  71 

Appeals  from,  to  county  superintendent 54  67 

Appeal  to,  from  school  director 132  112 

Bond  issue,  when  donation  or  request  is  made 161-163  125-126 

Compulsory  education — Names  of  children  furnished  by.  548  330 
Contract   with   teacher   unlawful   under    certain    condi- 
tions       104  99 

Disposal  of  special  school  fund  for  school  house 178  133 

Duration  of  school  term  maintained  by 71  77 

Election    63-65  71-72 

Emergency  for  joint  school 198  147 

Enumeration  taken  by,  and  who  enumerated 84-85  82-85 

Examination  of  books 82  81 

Failure  to  make  report 78  80 

Failure  to  serve   .                                                                      80  SI 


536 


SCHOOL    LAW    OF    INDIANA. 


TOWNSHIP  TRUSTEE— Continued.                                          SEC.  PAGK 

Fire  chief's  duties 191  U.'J 

German  language  instruction  provided  by 123  108 

High  school  term — Continuance  of 119*  106 

Indigent  children,  aid  to 543  328 

Janitors  for  school  property  provided'  by 72  77 

Joint  school  established  by 192  144 

195-197  145-147 

Joint  school  for  town  and  township 208-211  153-155 

Medical  inspection  instituted  by 138  114 

Member  of  county  board  of  education 87  85 

Neglect  of  duties 79  81 

Night  schools  maintained  by .'.  .149-150  118 

Purchase    of    real    estate    for    schoolhouse    appraise- 
ment     172-175  130-132 

Record  of  proceedings  and  revenue 74  78 

Relief  for  indigent  children  provided  by,  after  medical 

inspection    141  115 

Removal 83  82 

Report    77  79 

Report  to  county  superintendent,  when  the  congressional 

township  is  in  two  counties 86  85 

Sale  of  school  property 154-155  120-121 

School  bond  sales  legalized 90-92  89-90 

School  director  to  notify,  of  his  election 125  109 

Schoolhouse  in  annexed  territory 159-160  123-124 

Schoolhouse  site  changed  156-158  122-123 

School  meetings  to  petition  township  trustee  in  regard 

to  repairs,  etc. — Estimate  of  cost 127-128  101-111 

School  physician  appointed  by 141  115 

Teachers  employed  by 70  75 

Teachers  of  private  school  in  schoolhouse,  to  report  to . .  152  119 

Teachers  to  make  reports  to 107  100 

Teachers'  institute   861  464 

Term  of  office 66  72 

Text-books,  sale  by   (repealed) 489-^96  295-300 

See  Text-books — Sale 498-499  301-303 

501  303 

503-506  304-306 

512-520  308-314 

Title  to  school  lands  procured  by 151  119 

To  be  clerk  and  treasurer  of  township  for  school  pur- 
poses        73  78 

Town  or  township  deficiency  reported  by 337  232 

Township    debt    certificates    issued    by,    legalized    and 

paid   95-98  90-92 

Transfer  of  pupils 219-232  158-167 

Transportation  of  pupils 202-204  150-151 

Women  eligible  to  be 61  71 

-   Women,  to  give  bond 62  72 


INDEX. 


537 


TRADE  AND  INDUSTRIAL  SCHOOLS—                                  SEC.  PAGE 

Cities  of  first  class 277-279  199-200 

TRANSFER  OF  PUPILS   219-232  158-167 

Orphans    227-231  164-167 

Orphans— Tuition    228  165 

Outside  of  state   : 232  167 

Reason  for  transfer  219  158 

School  corporation  of  100,000  ." 225-226  163-164 

School  trustee  to  transfer  pupils  instead  of  establishing 

high  school   70  76 

Tuition    220  160 

Tuition— Date  of  settlement  224  162 

Tuition— Outside   of  state 232  167 

Tuition— Refusal  to  make  payment 222  162 

Tuition  indebtedness   230  166 

TRANSPORTATION  OF  PUPILS    202-204  150-151 

TRUANCY— 

See  Compulsory  education. 


TRUST  FUNDS  INVIOLATE— 

Constitutional  provision    . . . 


27 


UNIFORM  ACCOUNTING— 

See  Public  accounting  board. 

VOTERS'   MEETINGS    .  ..125-127       109-111 


WOMEN— 

Bond,  as  school  officers 62  71 

Eligible  to  be  school  officers 61  71 


UNIVERSITY  OF  CALIFORNIA    ], 


225967 


4-Z 


